Majority
p. 873Fred A. Gambold, as Executor, etc., of Charles S. Lamphear, Deceased, Appellant, v. George W. MacLean and Another, as Surviving Executors and Trustees, etc., of Katherine L. MacLean, Deceased, Respondents.
Order-dismissing complaint for lack of prosecution, and judgment entered thereon, reversed upon the law and the facts, without costs, and motion denied, without costs. No opinion. Kelly, P. J., Manning, Young and Kapper, JJ., concur; Kelby, J., dissents.