#### Ambrose J. O’Malley, Appellee, v. Henry McGurren, Executor, of Estate of George H. Kelly, Deceased, Appellant.

Gen. No. 45,160.

Heard in the first division, first *663district, this court at the June term, 1950.

Henry V. MeGurren, for appellant; Jerome T. Murphy and Daniel C. Ahern, for appellee.

Opinion filed October 9, 1950;

released for publication November 17, 1950.

Opinion by

Presiding Justice Niemeyer.

Not to be published in full.