
    In the Matter of the Probate of the Will of Frederick Akers, Deceased. George H. Jefferies, Appellant; James P. Nieman et al., Respondents.
    
      Matter of Alters, 74 App. Div. 461, affirmed.
    (Argued January 5, 1903;
    decided February 10, 1903.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1902, which affirmed a decree of the New York County Surrogate’s Court admitting to probate the will of Frederick Akers, deceased.
    
      J. Aspinwall Hodge and L. Lafayette Fawcett for appellant.
    
      John Vincent and J. Mayhew Wamwright for respondents.
   Order affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Gray, Martin, Vann and Cullen, JJ. Dissenting: O’Brien and Haight, JJ.  