
    Annie A. Gridley et al., as Executors of James Gridley, Deceased, Respondents, v. Rudolf Einbigler et al., Appellants.
    (Argued October 6, 1905;
    decided October 24, 1905.)
    
      Gridley v. Einbigler, 98 App. Div. 160, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 1,1904, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury.
    
      Jerome Eisner and Benjamin F. Einbigler for appellants.
    
      William B. Ellison and Duncan A. MacIntyre for respondents.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Oh. J., Gray, Bartlett, Haight, Vann and Werner, JJ. Absent: O’Brien, J.  