Order affirmed, upon the opinion at the Appellate Division, with costs to all parties appearing separately and filing separate briefs payable out of the estate. No opinion.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BERGAN and KEATING. Judges FULD, BURKE and SCILEPPI dissent and vote to reverse upon the authority of Hermann v. Ludwig ( 229 N.Y. 544) ; Tutunjian v. Vetzigian ( 299 N.Y. 315); Rich v. Mottek ( 11 N.Y.2d 90).