
    George H. Preston et al., Appellants, v. John C. Howk, as Executor of Julia A. Freer, Deceased, et al., Respondents.
    
      Preston v. Howk, 3 App. Div. 43, affirmed.
    (Submitted June 23, 1897;
    decided October 19, 1897.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at Special Term, and also affirmed an order of Special Term granting an additional allowance of costs.
    
      W. Martin Jones for appellants.
    
      TI. R. Durfee for respondent Howk.
    
      S. B. M’Intyre for trustees of Presbyterian church, respondent.
   Judgment affirmed, with costs, on opinion below.

All concur, except Gray, J., absent, Haight, J., dissenting, .and Vann, J., not voting.  