Henry H. Haire, as Administrator with the Will Annexed of Herman E. Wagner, Deceased, Respondent, v. Herman J. Wagner and S. Geraldine J. Wagner (Sued Herein as S. Geraldine J. Hughes), Appellants

Henry H. Haire, as Administrator with the Will Annexed of Herman E. Wagner, Deceased, Respondent, v. Herman J. Wagner and S. Geraldine J. Wagner (Sued Herein as S. Geraldine J. Hughes), Appellants. [MAJORITY] Action to set aside a conveyance of real property by defendant Herman J. Wagner to S. Geraldine J. Wagner at a time when she was his affianced. Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. For the purpose of a new trial all findings of fact are reversed and the conclusions of law are disapproved. In view of the determination in Matter of Herman E. Wagner {post, p. 972), decided herewith, from which it appears that defendant Herman J. Wagner’s obligation to his father’s estate is $5,516.06 and not $65,070.80, as a result of which, according to the proof, it would seem that the conveyance did not leave defendant Herman J. Wagner insolvent, there must be a new trial at which any facts may be presented under the present situation. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.