
    Webb's Academy and Home for Shipbuilders, Appellant v. Thomas B. Hidden, Individually and as Trustee under the Will of Henrietta A. Webb, Deceased, et al., Respondents.
    
      Webb’s Academy and Home for Shipbuilders v. Hidden, 118 App. Div. 711, affirmed.
    (Argued November 18, 1908;
    decided January 26, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 12, 1907, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial in an action to determine title to real property.
    
      John G. Milburn and Walter F. Taylor for appellant.
    
      Charles F. Brown, George S. Hamlin, Frederick P. Bellamy, J. Solon Einsohn and William H. Sage for respondents.
   Order affirmed, and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Haight, Willabd Baetlett, IIiscook and Chase, JJ. Dissenting: Geay and Yann, JJ.  