
    In the Matter of the Judicial Settlement of the Account of Emily A. Smith, as Trustee under the Last Will and Testament of Edmund A. Smith, Deceased.
    (Submitted June 20, 1893;
    decided October 3, 1893.)
    Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 14, 1893, which affirmed an order of the Surrogate’s Court of the county of New York making the executor of Elsie S. Murphy, deceased, a party to this proceeding and appointing a special guardian for her infant daughter.
    
      Charles Donohue and William A. Boyd for appellant.
    
      Franh D. Sturges for respondent.
    
      Eugene H. Pomeroy, guardian ad litem, for infant respondent.
   Agree to dismiss appeal, with costs against trustee personally ; no opinion.

All concur.

Appeal dismissed.  