
    Theodore C. English, as Trustee, Substituted for Isaac H. Williamson, as Trustee of Benjamin Williamson, Deceased, Respondent, v. Thomas A. McIntyre et al., Appellants.
    (Submitted October 16, 1899;
    decided October 24, 1899.)
    Reported below, 29 App. Div. 439.
    Motion to advance on the calendar an appeal from a final judgment of the Supreme Court in the first judicial department, entered September 7, 1898.
    The motion was made upon the ground that the plaintiff is a testamentary trustee suing as sole plaintiff, and that he is also the trustee of a fund for the support and maintenance of infants, and the appeal is entitled to a preference under subdivision 5 of section 791 of the Code of Civil Procedure, as amended by chapter 585, Laws of 1899.
    
      King & Jessup for motion.
    
      Bowers de Sands opposed.
   Motion denied, without costs.  