
    Benjamin L. Conde, as Administrator, etc., Respondent, v. Hiram Wiltsie, as Surviving Executor, etc., Appellant.
    (Argued February 29, 1892;
    decided March 15, 1892.)
    Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 28, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
    
      Nathaniel C. Moak for appellant.
    
      T. J. Van Alstyne for respondent..
   Agree to affirm; no opinion.

All concur, except Peokham and Maynard, JJ., dissenting.

Judgment affirmed,  