Majority
p. 650Horace Parks, as Surviving Administrator, Appellant, v. Clarence Andrews, Individually and as Administrator of Josiah Andrews, Deceased, and others, Respondents.
Judgment and order reversed and a new trial ordered, with costs to abide the event. Held, That the exceptions taken to the admission of the evidence of Grant Andrews and May Potter, as to the declarations of their father, present error. (See Holcomb v. Holcomb 95 N. Y., 316 ; Matter of Eysaman, 113 id., 162; Matter of Will of Dunham, 121 id., 575.) (2.) After excluding such evidence, the verdict and decision are against the weight of evidence.