
    Lucius H. Beers, as Substituted Trustee under the Will of De Forest Manice, Deceased, Plaintiff, v. Caroline A. Grant et al., Respondents, and James Tuttle Smith, Individually and as Executor of Francis I. Smith, Deceased, Appellant.
    
      Beers v. Grant, 110 App. Div. 152, affirmed.
    (Argued April 4, 1906;
    decided May 1, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1906, affirming a judgment of Special Term entered upon the report of a referee settling the accounts of the trustee herein and directing distribution of the estate.
    
      Herbert C. Lakin, Francis Woodbridge and Henry De Forest Baldwin for appellant.
    
      John M. Perry, Edward E. Sprague and Madison Grant for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner Hiscock and Chase, JJ. Absent: O’Brien, J.  