| NY | Oct 16, 1947

Judgment affirmed, with costs to the appellant and to the respondents payable out of the fund. Whether the appellant should have been awarded costs or any allowance at the Special Term is a question not presented by this record.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ. *635

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