Majority
p. 1099Charles V. BARKER, appellant, v. Frances E. BARKER et al., defendants; Maud Archer et al., appellants; Pauline May et al., respondents. (Supreme Court, Appellate Division, Second Department, June 29, 1916.)
Motion of plaintiff for leave to appeal to the Court of Appeals granted, and the following question certified: “3. Is the mortgage for thirty thousand ($30,000) dollars held by Pauline May and Nathan Levy as surviving executors of the last will and testament of Marx May, deceased, a valid lien upon the rights and interests of Samuel P. Barker, Jr., in the first parcel of real property described in the complaint?” Motion of defendant-appellant Beatrice Arabella Barker for leave to appeal to the Court of Appeals denied.