
    Gay H. Baum, Appellant, v. United States Trust Company of New York et al., as Executors of and Trustees under the Will of Mary A. Flanagan, Deceased, et al., Respondents.
    
      Baum v. United States Trust Oo., 126 App. Div. 904, affirmed.
    (Argued January 13, 1909;
    decided January 29, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27, 1908, modifying and affirming as modified a judgment in in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action by the owner of a life interest in the income of a certain trust fund to obtain possession of the principal thereof on giving security for its return or to obtain the payment of a gross sum in lien of the income on said principal.
    
      John M. Harrington for appellant.
    
      A. B. Morrison, James C. de la Mare and Edward V. Farley for respondents.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hisoock, JJ.  