
    In the Matter of the Accounting of Elizabeth K. Baker, as Executrix of Fannie M. Eldredge, Deceased. Elizabeth K. Baker, Individually and as Executrix, Respondent; William Cole, Appellant.
    
      Matter of Baker, 168 App. Div. 712, affirmed.
    (Argued February 23, 1916;
    decided March 14, 1916.)
    Appeal from an order of the Appellate Division of the Supreme Court in the thud judicial department, entered July 28, 1915, which reversed a decree of the Chenango County Surrogate’s Court construing the 9th and 10th paragraphs of the will of Fannie M. Eldredge, deceased.
    
      David F. Lee for appellant.
    
      Eugene Clinton for respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Willard Bartlett, Ch. J., Cuddeback, Cardozo, Seabury and Pound, JJ. Dissenting: Chase and Collin, JJ.  