
    Bertram L. Marks, as Ancillary Executor of John B. Morgan, Deceased, Respondent, v. L. Laflin Kellogg, as Executor of George H. Morgan, Deceased, Appellant.
    Reported below, 170 App. Div. 464.
    (Argued February 21, 1916;
    decided February 29, 1916.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 16, 1915, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover a legacy.
    The motion was made upon the ground that the appeal was frivolous and presented no question of law for review.
    
      Louis Lowenstein for motion.
    
      William K. Hartpence opposed.
   Motion denied, with ten dollars costs.  