
    Lillian C. Tibbitts et al., Appellants, v. Elwell S. Otis et al., as Trustees of Josephine L. Doty et al., Respondents.
    
      Tibbitts v. Otis, 123 App. Div. 914, affirmed.
    (Argued May 17, 1909;
    decided June 1, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 20, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Special Term in an action to impress a trust upon certain property bequeathed by Azariah Boody, deceased.
    
      Eugene Van Voorhis for appellants.
    
      Edwin A. Wash, Percy L. Kloclc and Harry Otis Poole for respondents.
   Judgment affirmed, with costs ; no opinion.

Concur: Gray, Yann, Werner, Willard Bartlett, HiSoook and Chase, JJ. Absent: Cullen, Ch. J.  