
    Sarah E. Kelly, Respondent, v. Franklin B. Beers, et al., as Executors of Kate V. Beers, Deceased, Appellants, Impleaded with Another.
    
      Kelly v. Albany Trust do., 124 App. Div. 99, affirmed.
    (Argued December 14, 1908;
    decided January 5, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 21,1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover the amount of a savings bank deposit standing in the name of the defendants’ testator or the plaintiff and payable to either or to the survivor.
    
      William P. Rudd and Milton H. Merwin for appellants.
    
      Andrew J. Nellis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner and Hiscook, JJ. Not sitting: Chase, J.  