Majority
p. 612Margaret H. Clark, Respondent, v. Samuel Riker, Individually and as Executor, etc., of Elizabeth G. Wheelwright, Deceased, Appellant.
Order modified by amending title of the action by consent, and by granting the motion to strike out paragraph 4 and that part of paragraph 3 of the complaint, beginning with the words “ the said Thomas C. Chalmers, the contestant, who for many years,” down to the end of said paragraph; and as so modified affirmed, with ten dollars costs and disbursements to the appellant. Settle order on notice. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.