
    Libbie Van Wagner, Respondent, v. John Thompson, as Executor of Betsey Eldridge, Deceased, Appellant.
    (Argued March 22, 1901;
    decided April 30, 1901.)
    
      Van Wagner v. Thompson, 53 App. Div. 627, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 3, 1900, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee.
    
      John T. McDonough for appellant.
    
      George Addington for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Gray, Bartlett, Martin, Vann, Cullen and Werner, JJ. Taking no part: Parker, Ch. J.  