
    PEOPLE ex rel. NICHOLS v. BOARD OF TOWN AUDITORS OF TOWN OF HORICON, WARREN COUNTY, N. Y.
    (Supreme Court, Appellate Division, Third Department.
    December 30, 1909.)
    Proceeding by the People of the State of New York, on the relation of Ida F. Nichols, as executrix of the last will and testament of Seth H. Nichols, deceased, against the Board of Town Auditors of the Town of Horicon, Warren County, N. Y.
   PER CURIAM.

Determination of the defendant reversed on law and facts, with $50 costs and disbursements to the relator, and the matter remitted to the town board, with directions to audit and allow relator’s claim at the amount which is properly due thereon.

SMITH, P. J., not voting. COCHRANE, J., dissents.  