#### Wilbert Olson et al., Appellees, v. Herbert M. Smeby, Individually and as Executor, et al., Appellants.

Gen. No. 40,865.

(Abstract of Decision.)

*492Heard in first division, first district, this court at October term, 1939;

opinion filed May 20, 1940.

Elmer J. Tone, for appellants; Clyde C. Fisher, of counsel; Schachner & Siegan and Charles C. and Richard M. Spencer, for appellees.

Opinion by Justice O ’Connor.

“Not to be published in full.”