#### First Union Trust & Savings Bank, as trustee under the last will and testament of Lucius G. Fisher, deceased, plaintiff in error, v. Wilbur J. O’Brien, defendant in error.

Gen. No. 35,705.

Heard in the third division of this court for the first district at the February term, 1932.

Opinion filed December 21, 1932.

Rehearing denied January 6,. 1933.

Hoag & Ullmann, for plaintiff in error.

John J. Sherlock, for defendant in error; C. B. Chapman, of counsel.

Mr. Justice Hall

delivered the opinion of the court.