In the Matter of the Application of Anton Staudt, Acting in His Capacity as Rector of the Oensbach Roman Catholic Church of Baden, Germany, Residuary Legatee and Devisee of Peter Kunzenbacher, Deceased, Appellant, for a Determination as to the Construction or Effect of the Last Will and Testament of Peter Kunzenbacher, Deceased. Michael Filler and Another, Executors, etc., Respondents

In the Matter of the Application of Anton Staudt, Acting in His Capacity as Rector of the Oensbach Roman Catholic Church of Baden, Germany, Residuary Legatee and Devisee of Peter Kunzenbacher, Deceased, Appellant, for a Determination as to the Construction or Effect of the Last Will and Testament of Peter Kunzenbacher, Deceased. Michael Filler and Another, Executors, etc., Respondents. [MAJORITY] Motion to vacate the order of this court dated October 7, 1932, dismissing appeal granted. The motion by respondents to dismiss the appeal is denied on condition that appellant perfect the appeal for the January, 1933, term (for which term the case is set down) and be ready for argument when reached; otherwise, motion granted, with ten dollars costs. Present — Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ.