
    George E. Spencer, Appellant, v. Arabella D. Huntington et al., as Executors of Collis P. Huntington, Deceased, Respondents.
    (Argued October 11, 1905;
    decided October 27, 1905.)
    
      Spencer v. Huntington, 100 App. Div. 463, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 18, 1905, affirming a 'judgment in favor of defendants entered upon the report of a referee.
    
      Herbert Barry, Julien T. Davies, Charles H. Tuttle and Julian C. Harrison for appellant.
    
      Maxwell Evarts for respondents.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Ch. J., Gbay, Haight and Webneb, JJ. Not voting: Babtlett and Vann, JJ. Absent: O’Bbien, J:  