
    MARY A. WOODGATE, Individually and as Executrix, etc., and another, Respondents, v. MELANCTHON FLEET and others, Appellants.
    Appeal from a judgment in favor of the plaintiff) entered upon the trial of this action by the court without a jury.
    This case has already been passed upon by the General Term (11 Abb. Pr. [R. S.], 52), and the Commission of Appeals (44 R. Y., 1). The General Term held that the only question presented upon this appeal—the validity of a trust deed — had been already passed upon, and affirmed the judgment.
    
      Wm. II. Onderdonk, for the appellants.
    
      Dennis McMahon, for the respondents.
   Opinion by Donohue, J.

Present —Barnard P. J., Tappen and Donohue, JJ.

Tappen, J., dissented.

Judgment affirmed, with costs.  