
    George B. Pattison, as Substituted Trustee under the Will of James W. Cusack, Deceased, Appellant, v. Kittie A. Cusack, Individually and as Trustee under the Will of James W. Cusack, Deceased, Respondent, and Ella F. Cusack, Appellant.
    . Pattison v. Cusack, 152 App. Div. 956, affirmed.
    (Argued June 12, 1913;
    decided October 21, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 31, 1912, affirming a judgment in favor of defendant, appellant, entered upon a dismissal of the complaint as to her by the court at a Trial Term without a jury in an action for the partition of certain real property.
    
      John T. Norton and John H. Reek for appellants.
    
      H. B. Bailey and Abbott H. Jones for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Werner, Hiscock, Collin, Ouddebaok and Miller, JJ.  