
    Theodore Conkling, as Administrator with the Will Annexed of William C. Herring, Deceased, Respondent, v. The Roman Catholic Orphan Asylum in the City of Albany et al., Appellants.
    
      Pratt v. Roman Catholic Orphan Asylum, 20 App. Div. 352, affirmed.
    (Submitted February 11, 1901;
    decided March 1, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
    
      George P. Androus and Edward J. McGean for appellants.
    
      Augustus S. Houghton for respondent.
   Judgment affirmed, with costs to plaintiff payable out of the estate, on opinion below.

Concur: Gray, O’Brien, Haight, Landon, Cullen and Werner, JJ. Not sitting: Parker, Oh. J.  