#### In the matter of the estate of Samuel L. Winternitz, deceased. Chicago Digger and Manufacturing Company, claimant and appellant, v. Estate of Samuel L. Winternitz, deceased, appellee.

Gen. No. 28,054.

Action in probate court against estate of a deceased for alleged infringement of a patent. Action dismissed for want of jurisdiction. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1922.

Affirmed.

Opinion filed February 13, 1923.

George McMahon, for appellant. Eastman, White & Hawxhurst, for appellee.

Mr. Justice Gridley

delivered the opinion of the court.