Justice Rosenberry did not participate in tbis case. Tbe Chief Justice and Justices Vinje and OwEN are of tbe opinion that tbe judgment should be reversed; Justices SiebeoKeb, Kerwin, and tbe writer that it should be affirmed. It follows under tbe rule that tbe judgment of tbe lower court must be affirmed. Estate of Carter, ante, p. 89, 166 N. W. 657,

By the Court. — The judgment of tbe circuit court is affirmed.