
    Matilda C. Brees, Respondent, v. Charles H. Brees et al., Appellants.
    
      Brees v. Brees, 38 App. Div. 636, appeal dismissed.
    (Argued April 17, 1899;
    decided April 25,1899.)
    Motion to dismiss appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 12, 1898, modifying and, as modified, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    The motion w*as made upon the ground that the appellants, having received a benefit under the judgment directed by the Appellate Division, had waived their right to appeal.
    
      William H. Andrews for motion.
    
      Vasco P. Abbott opposed.
   Motion granted and appeal dismissed, with costs.  