Majority
p. 768Albert B. Turner and Others, as Executors, etc., of Albert Turner, Deceased, Respondents, v. Burton F. White, Appellant.
Judgment and order reversed upon the law and the facts, and motion to strike out defendant’s answer and for summary judgment on the pleadings denied, with ten dollars costs and disbursements. We think that issuable facts are presented by the defendant which require a trial of the action. Kelly, P. J., Manning, Kapper and Lazansky, JJ., concur; Young, J., dissents.