Majority
p. 707Marie F. Barnes, as Executrix under the Last Will and Testament of Earl B. Barnes, Deceased, Respondent, v. Brainard Avery and Others, Appellants.
Order denying defendants’ motion to vacate and set aside referee’s report unanimously affirmed, with twenty dollars costs and disbursements. Although we affirm this order, we very strongly disapprove of a referee assigning prospective fees. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.