
    Mary F. Cushman, as Executrix of Thomas H. Cushman, Deceased, Appellant, v. Harry C. Cushman, Individually and as Executor of Paul Cushman, Deceased, and as Administrator de Bonis Non of Robert S. Cushman, Deceased, et al., Respondents.
    
      Cushman v. Cushman, 116 App. Div. 763, affirmed.
    (Argued January 15, 1908;
    decided January 31, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 7, 1907, affirming a judgment in favor of defendants entered upon the report of a referee in an action to recover a share of the residuary estate of Robert S. Cushman, deceased.
    
      Frederick Seymour for appellant.
    
      Henry W. Simpson for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Willard Bartlett, Hiscook and Chase, JJ. Absent: Werner, J.  