Majority
p. 612Emma E. Dryer, Respondent, v. Elon G. Brown, as Surviving Executor, etc, Appellant.
Order modified by striking therefrom all provisions as to an amended answer and payment of costs as a condition of serving the same, and by inserting m the order a provision vacating the stipulations as to pleadings and striking out the pleadings had under the stipulation, and as so modified, affirmed, without costs to either party of the motion or upon this appeal
Opinion by
Memorandum by
Merwin, J., not voting.