
    Howard Kellogg and Others, as Trustees of the Trust Created for the Benefit of Ruth Kellogg Terry and Others, under the Trust Agreement Executed by Spencer Kellogg under Date of October 2, 1916, Respondents, v. Matthew Phipps Terry and Others, Appellants, Impleaded with Ruth Kellogg Terry and Others, Defendants.
   .Judgment so far as appealed from affirmed,• without costs of this appeal to any party, on the opinion of Swift, J., delivered aUSpecial Term. [Reported sub nom. Kellogg v. Kellogg, 166 Mise. 791.] All concur. (The judgment determines certain stock to constitute income and directs the delivery of same to the life tenant.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.  