
    Hattie G. Frankel, Individually and as Executrix of and Trustee under the Will of Simon Frankel, Deceased, Respondent, v. The Farmers’ Loan and Trust Company, as Executor of and Trustee under the Will of Simon Frankel, Deceased, Appellant, and Charlotte Frankel et al., Respondents.
    
      Frankel v. Farmers' Loan & Trust Co., 153 App. Div. 58, affirmed.
    (Argued June 20, 1918;
    decided October 21, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August IT, 1912, which affirmed a judgment of Special Term construing the will of Simon Frankel, deceased. Also motion to dismiss said appeal.
    
      Frederick Geller for appellant.
    
      Henry L. Moses, M. J. Stroock, Benjamin F. Kraft and E. F. Spitz for plaintiff, respondent.
    
      Louis Marshall and Mark G. Holstein for defendants, respondents.
   Judgment affirmed, with costs payable out of the estate, on the opinion of Scott, J., below. Motion to dismiss appeal denied, with out costs.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Chase, Collin, Cuddebaoic and Hogan, JJ.  