
    Windsor Trust Company, as Substituted Trustee under the Will of Clinton Adams, Deceased, Respondent, v. Jennie B. Waterbury, Individually and as Administratrix with the Will Annexed of Clinton Adams, Deceased, Appellant, and Perry Adams, Respondent.
    (Argued December 10, 1914;
    decided January 5, 1915.)
    
      Windsor Trust Co. v. Waterbury, 160 App. Div. 571, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1914, in favor of plaintiff upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to the disposal of a fund in the hands of the administratrix of Clinton Adams, deceased, representing rents of certain real estate of which he died seized.
    
      Nelson S. Spencer for appellant.
    
      Charles E. McMahon for plaintiff, respondent.
    
      Lyttleton Fox and Ernest Rhea Early for defendant, respondent.
   Judgment affirmed, with costs, on opinion of Scott, J., below.

Concur: Willard Bartlett, Oh. J., Hisoocic, Chase, Hogan, Miller, Cardozo and Seabury, JJ.  