
    Richard B. Aldcroftt, Jr., as Trustee of Lillie M. Terry, Respondent, v. Galatea M. Menken, as Executrix of George S. Terry, Deceased, Appellant. Fidelity and Deposit Company of Maryland, Intervening.
    (Argued February 22, 1912;
    decided March 8, 1912.)
    
      Aldcroftt v. Terry, 140 App. Div. 910, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1910, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover an amount alleged to be due to plaintiff as trustee under an agreement of separation between George S. Terry, now deceased, and bis wife, Lillie M. Terry.
    
      Barclay E. V. McCarty, George W. Seligman and Eugene Seligman for Fidelity and Deposit Company of Maryland, surety on appeal.
    
      Alfred J. Talley and Richard B. Aldcroftt, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hisoook and Collin, JJ.  