Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. John Vincent, Appellant, v. Albert E. Payne, as Executor of the Alleged Last Will and Testament of Frank L. Terry, etc., and Others, Respondents. Judgment modified by striking out the words "on the merits," and as so modified affirmed, without costs. No opinion. Hirschberg, Burr, Thomas, Woodward and Rich, JJ., concurred.