
    Bertha D. Thompson, as Administratrix of the Estate of William H. Thompson, Deceased, Appellant, v. The Equitable Life Assurance Society of the United States, Respondent.
    
      Thompson v. Equitable Life Assur. Society, 119 App. Div. 868, affirmed.
    (Argued December 8, 1908;
    decided January 5, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20,1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover upon certain policies of life insurance.
    
      Raphael J. Moses for appellant.
    
      Charles W. Pierson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett and Hiscook, JJ. Dissenting: Edward T. Bartlett and Vann, JJ. Absent: Werner, J.  