
    Mary R. Harvey, Appellant, v. John W. Kennedy, as Trustee under and as Executor of the Will of Lockie L. G. Robinson, Deceased, et al., Respondents.
    
      Haney v. Kennedy, 81 App. Div. 261, affirmed.
    (Argued November 12, 1903;
    decided January 12, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 13, 1903, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure.
    
      W. J. Welsh and F. W. Welsh for appellant.
    
      Jerome Be Witt for respondents.
   Judgment affirmed, with costs; no opinion.

. Concur: Haight, Yann, Cullen and Werner, JJ. Dissenting : Parker, Oh. J., O’Brien and Bartlett, JJ.  