
    Charles Cyrus Marshall, Appellant, v. United States Trust Company of New York and James J. Williams, Individually and as Executors of and Trustees under the Will of Mary A. Flanagan, Deceased, et al., Respondents.
    
      Marshall v. United States Trust Co., 93 App. Div. 252, reversed.
    (Argued December 2, 1904;
    decided December 16, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 27, 1904, upon an order reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and directing that the complaint be dismissed.
    
      John M. Harrington for appellant.
    
      George L. Shearer and Edward W. Sheldon for respondents.
   Judgment of Appellate Division reversed and that of Special Term affirmed, with costs in all courts, on opinion of Scott, J., in Special Term.

Concur: Cullen, Oh. J., Gbay, O’Bbien, Babtlett, Mabtin and Vann, JJ. Dissenting: Haight, J.  