In the Matter of the Application of the International Committee of Young Men's Christian Associations and Others, Respondents, for an Order Directing David W. Harkness and Calvin S. May, Respondents, and Albert Francis Hagar, Appellant, as Surviving Executors of Julia L. Butterfield, Deceased, etc., to Pay a Part of the Residuary Legacy, etc.

In the Matter of the Application of the International Committee of Young Men’s Christian Associations and Others, Respondents, for an Order Directing David W. Harkness and Calvin S. May, Respondents, and Albert Francis Hagar, Appellant, as Surviving Executors of Julia L. Butterfield, Deceased, etc., to Pay a Part of the Residuary Legacy, etc. [MAJORITY] Motion granted, with ten dollars costs. From the affidavit in question is stricken out as scandalous the following passages: Folio 20, from and including the words “ An effort was made ” to and including the words “ part of the property ” in folio 22. Folio 25, from and including the words “ I charge ’’ to and including “ over $34,000 ” in folio 30. The clerk of this court is directed to expunge said parts from the original affidavit, adding thereto, opposite the parts stricken out, “ By order of the Court November 7, 1919.” Present — Jenks, P. J., Rich, Putnam, Blackmar and Jaycox, JJ.