
    Mary D. Gegan, Appellant, v. Union Trust Company of New York, as Executor of John H. Drake, Deceased, Respondent.
    
      Gegan v. Union Trust Co., 129 App. Div. 184, affirmed.
    (Argued March 1, 1910;
    decided March 22, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 19, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to enforce an alleged declaration of 'trust.
    
      Sumner Gerard for appellant.
    
      Perry D. Trafford for respondent.
   Judgment affirmed, with costs; no opinion. •

Concur : Cullen, Ch. J., Gray, Edward T. Bartlett, Wernkr and Htscook, J J. Not sitting: Willard Bartlett, J. Absent: Chase, J.  