Majority
p. 639Grace E. Connolly, Respondent, v. Rosalie Jones et al., as Sole Surviving Executrices and Trustees under the Will of Mary E. Jones, Deceased, et al., Appellants and Respondents; William H. Green et al., Respondents and Appellants, and T. Everett C. Tuthill et al., Individually and as Members of the Board of Supervisors of the County of Suffolk, et al., Appellants and Respondents. Argued April 20, 1949; decided May 26, 1949.
p. 641
Eugene A. Sherpick, Richard T. Davis, E. Merritt Weidner and Rosalie G. Jones for Town of Huntington and others, appellants.
David L. Glickmcm and Edgar F. Hazleton for T. Everett C. Tuthill and others, constituting the Board of Supervisors of the County of Suffolk, and another, appellants.
Eugene R. Hurley for respondent.
Order affirmed, with costs. First and second questions certified answered in the negative; third question certified answered in the affirmative. No opinion.
■ Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bromley, JJ.