Majority
p. 622Sylvester L. Malone, as Administrator, etc., Appellant, v. Saints Peter and Paul’s Church, Brooklyn, E. D., Respondent.
Motion to resettle order defiied. Motion-for leave to appeal to the Court of Appeals granted, and question certified as follows: Has the court, in a suit upon a common-law cause of action, brought by an administrator, jurisdiction to order a reference of all the issues in the action to a referee to hear and determine the same when the administrator opposes the granting of such order and demands a trial by jury?