
    Hutchinson Southgate, as Trustee under the Will of Charles L. R. Hutchinson, Deceased, Appellant, Impleaded with Another, v. The Continental Trust Company of the City of New York et al., Respondents, and Renee C. Southgate et al., Appellants and Respondents.
    
      Southgate v. Continental Trust Co., 74 App. Div. 150, affirmed.
    (Argued October 22, 1903;
    decided November 10, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 17, 1902, modifying and affirming as modified a judgment of Special Term construing the will of Charles L. R. Hutchinson, deceased.
    
      O. J. Wells for appellant.
    
      Peroival S. Menken for Henry Southgate, as trustee for Harriet Whitmore, appellant and respondent.
    
      Shermcm Evarts for Harriet A. Whitmore, appellant and respondent.
   Judgment affirmed, without costs, on opinion of Patterson, J., below.

Concur: Parker, Oh. J., Gray, Haight, Martin, Vann, Cullen and Werner, JJ.  