
    Henry R. Kent, as Executor and Trustee under the Will of John Dickinson, Deceased, Appellant, v. A. Warner Shepard, Respondent.
    (Argued March 6, 1907;
    decided April 2, 1907.)
    
      Kent v. Shepard, 110 App. Div. 64, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1906, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure as to the power and authority of the plaintiff, as execu- * tor and trustee under the will of John Dickinson, deceased, to convey certain premises.
    
      Rastus 8. Ransom and Charles A. Clark for appellant.
    ■ Frank B. Fork for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.  