Majority
p. 618Edwin F. Jaeckle, Respondent, v. Marjorie M. Campbell et al., as Executors of John G. Campbell, Deceased, Appellants.
Judgment and order unanimously reversed, without costs and motion denied, without costs. Memorandum: This record presents substantial issues of fact" that prevent the granting of summary judgment. A trial is required. (Appeal from judgment and order of Erie Special Term in favor of plaintiff on a motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice.) Present — Williams, P. J., Bastow, McClusky, Henry and Noonan, JJ.