
    EVERETT, Appellant, v. JONES, Respondent.
    (Supreme Court, Appellate Division, Fourth Department
    October 2, 1907.)
    Action by Jane Esther Everett against Jesse Jones, as executor, etc.
   PER CURIAM.

Judgment reversed, and new trial ordered before another referee, with costs to the appellant to abide event, upon questions of law and fact. Held, that the decision and judgment were contrary to the evidence.

McLENNAN, P. j., dissents.  