Frances Browning Hynes, Respondent, v. Title Guarantee and Trust Company, as Executor of the Last Will and Testament of Edward W. Browning, Deceased, and the Codicil Thereto, Edbro Realty Co., Inc., and Dorothy Browning Hood, an Infant, by Daniel A. Shirk, Her Guardian ad Litem, Appellants, Impleaded with Others

Frances Browning Hynes, Respondent, v. Title Guarantee and Trust Company, as Executor of the Last Will and Testament of Edward W. Browning, Deceased, and the Codicil Thereto, Edbro Realty Co., Inc., and Dorothy Browning Hood, an Infant, by Daniel A. Shirk, Her Guardian ad Litem, Appellants, Impleaded with Others. [MAJORITY] Order, so far as appealed from, affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Untermyer and Cohn, JJ.; Untermyer, J., dissents and votes to affirm as to defendant Title Guarantee and Trust Company; reverse as to defendant Edbro Realty Co., Inc., and modify as to defendant Dorothy Browning Hood, by Daniel A. Shirk, her guardian ad litem, by denying the motion to strike out the first, second and fourth affirmative defenses.