
    SMITH, Executor, v. KANE.
    
      Thomas S. Mount, for resp’t; Livingston Smith, for app’lt.
   Pratt, J.

We do not find any exceptions to evidence that require discussion.

The only important questions are questions of fact, upon which the referee has had the advantage of seeing the witnesses. If there is any preponderance of evidence against any of his conclusions, it is not such as will justify an interference by the appellate court.

Judgment affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.  