
    CHASE, Respondent, v. DRAKE, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    April 21, 1905.)
    Action by Durfee C. Chase against Katharine E. Drake.
   PER CURIAM.

In view of the appeals then pending and of the merits, we think that the order of September 29,1904, should be reversed, with $10 costs and disbursements, and the motion to vacate the ex parte order should be granted, with $10 costs.

HOOKER, J., not voting.  