Majority
p. 898Angelo J. Ruder, Respondent, v. Lincoln Rochester Trust Company, as Executor and Trustee of the Will of Ernest L. Button, Deceased, Appellant.
Order unanimously affirmed, with $25 costs and disbursements. (Appeal from order of Genesee Special Term denying defendant’s motion to dismiss the complaint and overruling defendant’s objections to said complaint.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.