AFFIRMED.
WARNER, J.
This is one of the two matters wherein Lester Henry Schultz is plaintiff and the First National Bank of Portland (Oregon), as executor of the last will and testament of Dorothea M. Schultz, deceased, and her heirs and devisees, are defendants, hereinafter referred to as the second suit. This appeal, for the purposes of argument, was consolidated with Schultz v. First National Bank et al., 220 Or ___,
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