
    In the Matter of the Estate of Reuben Smith, Deceased. Elias Spencer, as Administrator of the Estate of Patience Spencer, Deceased, Appellant; I. Stoddard Penfield et al., as Executors of Thomas D. Penfield, Deceased, Respondents.
    
      Matter of Smith, 66 App. Div. 340, affirmed.
    (Argued October 3, 1904;
    decided October 18, 1904.)
    Appeal from an order of the Appellate Division of. the Supreme Court in the fourth judicial department, entered November 12,1901, which reversed a judgment of the Oneida County Surrogate’s court in favor of the appellant herein.
    
      
      John C. Davies, JR, 8. Johnson and Charles II. Coville for appellant.
    
      WilUam Kerncm for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cullen, Cli. J., O’Brien, Haight, Martin, Yann and Werner, JJ. Absent: Gray, J.  