Majority
p. 815In the Matter of the Petition of Ellen Murray to Render and Settle Her Intermediate Account as Executrix, etc., of James F. Murray, Deceased. Ellen Murray, Executrix, etc., of James F. Murray, Appellant; Percy T. Stapleton, Respondent.
Order of the Surrogate’s Court of Kings county reversed upon the law and the facts, with costs, and claim disallowed, with costs. We are of opinion that there was neither a gift nor an equitable assignment. Lazansky, P. J., Young and Seudder, JJ., concur; Rich and Seeger, JJ., dissent and vote to affirm.