
    The Mercantile Trust Company, as Trustee under the Will of Jules R. Gimbernat, Deceased, Plaintiff, v. Jules R. Gimbernat, Respondent, and Henry M. Black, Appellant, Impleaded with Others.
    (Argued October 29, 1912;
    decided November 19, 1912.)
    
      Mercantile Trust Co. v. Gimbernat, 143 App. Div. 305, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1911, modifying and affirming as modified a judgment in favor of Jules R. Gimbernat entered upon a decision of the court on trial at Special Term in an action to determine the rights of the defendants in a certain trust fund.
    
      Benjamin N. Cardozo and Ambrose Q. Todd for appellant.
    
      Harry Eckhard and Philip Carpenter for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray,Werner,Willard Bartlett, Hiscock, Chase and Collin, JJ. Absent: Cullen, Ch. J.  