Majority
p. 856Submitted February 17, 1947; decided February 21, 1947.
Pennsylvania Company for Insurances on Lives and Granting Annuities, as Trustee under the Will of Samuel J. Tilden, Deceased, Respondent, v. Richard T. Stauffer et al., Defendants; United States Trust Company of New York, as Executor of Marie C. S. Eastwick and as Trustee under a Testamentary Trust for the Eye, Ear, Nose and Throat Hospital of New Orleans, Louisiana, Respondent, and Peter Burnett, Appellant.
Samuel J. Levinson, Frank Weinstein and Robert Bernstein for motion.
Stanley F. Reed, Jr., for plaintiff, opposed.
Williamson Pell, Jr., and Pandia G. Ralli for United States Trust Company of New York as executor, opposed.
Motion for leave to appeal dismissed, with $10 costs and necessary printing disbursements unless, within fifteen days, all papers required by rule 21 ( subd. b) of the Rules of the Court of Appeals are filed.