Court of Appeals, Elizabeth W. Greenwood, ind. and as executrix, &c., against Elisabeth S. Marvin, Percy L. Marvin, ind. and as executor, and others impleaded with LeGrand Marvin : case and exceptions on appeal from order general term, fifth department, denying motion for new trial on interlocutory judgment : Percy L. Marvin, atty. in person; Geo.Marvin, atty. for E.S. Marvin, defendants and appellants; George Wadsworth, of counsel for appellants; E.B. Vedder, atty. for plff. and respt.; Lewis & Moot, of counsel for respt