
    Carl Christman, Respondent, v. Andrew C. Roesch, Individually and as Executor of Maria Foehner, Deceased, Appellant.
    
      Christman v. Roesch, 182 App. Div. 23, affirmed.
    (Argued February 25, 1910;
    decided March 15, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1909, upon an order reversing a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and directing judgment for the jdaintiff in an action for the construction of a will.
    
      Louis J. Halbert, Jr., for appellant.
    
      Louis Frankel, Job E. Hedges and Julian B. Beatty for respondent.
   Judgment affirmed, with costs, on opinion of Miller, J., below.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett and Chase, JJ. Absent : Yann, J.  