
    Mabel Wescott as Ancillary Administratrix of Clarence M. Wescott, Deceased, et al., Appellants, v. John H. Higgins, as Executor of and Trustee under the Will of Nathaniel D. Higgins, Deceased, et al., Respondents.
    
      Westcott v. Higgins, 42 App. Div. 69, affirmed.
    (Argued December 3, 1901;
    decided December 20, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme. Court in the first judicial department, entered August 29, 1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
    
      Henry W. Saekett and A. Lmeoln Weseott for appellants.
    
      Lewis Gass Led/yawd for respondents.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Cray, Bartlett, Martin, Vann, Cullen and Werner, JJ.  