
    FOLEY et al. v. FITZGERALD et al.
    (Supreme Court, Appellate Division, Fourth Department.
    April 4, 1914.)
    Action by Margaret Foley and others against John Fitzgerald and others.
   PER CURIAM.

Judgment modified, by striking out the provisions for the partition and sale of the Ninth street property, and by directing that the plaintiffs’ costs awarded in the judgment be paid out of the proceeds of the sale of the lands described in the first cause of action, and, as so modified, the judgment is affirmed, with costs in this court and the trial court to the appellants against the plaintiffs. Held, that the evidence is too unsatisfactory to establish that the appellant Mary Fitzgerald held the title to the Ninth street property as trustee for her mother, or that her mother had any interest therein; and the findings of fact to that effect contained in the findings numbered 6, 8, and 9 are, together with the whole of the tenth, eleventh, and twelfth findings, hereby disapproved and stricken out.  