
    VAN WAGNER, Respondent, v. THOMPSON, Appellant.
    (Supreme Court, Appellate Division, Third Department.
    June 28, 1900.)
    Action by Libbie Van Wagner against John Thompson, as executor, etc., of Betsey Eldridge, -deceased.
   PER CURIAM.

Judgment modified by striking out therefrom the allowance of costs other than disbursements against the executor, and, as so modified, affirmed, without costs of this appe'al. All concur, except SMITH, J., who votes for reversal.  