
    Mary Barber et al., Respondents, v. William H. Rowe, Jr., et al., Appellants.
    
      Real property — decedent’s estate — lien —• action to foreclose lien of legacy upon real property.
    
    
      Barber v. Rowe, 200 App. Div. 290, affirmed.
    (Argued January 31, 1923;
    decided February 27, 1923.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 13, 1922, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The action was to have a certain legacy under the will of Trueman Waller, deceased, adjudged to be a lien upon certain real property and to foreclose the same. By his will testator devised the real property in question to his son and wife. By a subsequent provision he gave to his daughter the interest at six per cent upon $2,000 during her life with a direction as to disposition of the principal upon her death and further provided: “ I do hereby declare the said sum of two thousand dollars and the interest thereon as aforesaid to be a charge and hen on the farm hereinbefore devised to said Wallace Waller and Betsey Waller his wife.”
    
      Nash Bockwood and Harry P. Pendrick for appellants.
    
      John H. Barker for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and.Andrews, JJ.  