
    Jessie Roediger, as Administratrix of the Estate of Louisa Roediger, Deceased, Appellant, v. Nellie Kraft et al., as Executors of Traugott F.M. Roediger, Deceased, Respondents.
    
      Roediger v. Kraft, 169 App. Div. 304, affirmed.
    (Argued December 11, 1916;
    decided December 28, 1916.)
    Appeal from a judgment, entered September 23, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint in an action brought by the plaintiff in her representative capacity for an accounting of certain moneys received by .the defendants ’ testator, which belonged to the estate of his wife, plaintiff’s decedent, passing under the will of Jacob Miller, her father. The suit was brought upon the theory that by the receipt of these moneys, which were the property of Mrs. Roediger’s estate, and payable only to her legal representative, being personal property, defendant’s testator constituted himself a trustee de son tort, by reason of his intermeddling with'trust funds.
    
      Wales F. Severance and Gustav Lange, Jr., for appellant.
    
      William W. Pellet and James Lehmaier for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Chase, Collin, Ouddeback, Hogan, Cardozo and Pound, JJ.  