
    John A. Stewart et al., as Trustees under the Will of Isaac N. Phelps, Deceased, Respondents, v. Anna Frances Phelps et al., Respondents, and Helen Louisa Phelps Stokes, Appellant, Impleaded with Others.
    
      Stewart v. Phelps, 71 App. Div. 91, affirmed.
    (Argued January 14, 1903;
    decided February 10, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 15, 1902, which affirmed a judgment construing the will of Isaac N. Phelps, deceased, entered upon the report "of a referee.
    
      Cephas Brainerd and Hamilton Wallis for appellant.
    
      Edmard W. Sheldon for plaintiffs, respondents.
    
      J. Edwards Wyckoff for defendants, respondents.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Haight, Martin and Werner, JJ. Not voting: Gray and Vann, JJ. Taking no part: Bartlett, J.  