The facts are declared to be the same as those in the case of Deegan v. Deegan, et al. (No. 1409),ante, by the Court in the following opinion: *Page 203 This case turns on the same questions presented in the case ofDeegan v. Same Defendants (No. 1409; this day decided), and it must be decided in the same way.

Judgment and order appealed from are affirmed.