
    In the Matter of the Application of Jacob M. Birnbaum, Appellant, v. Jacob Racich, as Guardian ad Litem of Vincent Muessman, an Infant, Respondent.
    (Argued January 9, 1906;
    decided January 23, 1906.)
    
      Matter of Birnbaum, 108 App. Div. 367, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 24, 1905, which affirmed an order of Special Term denying a motion for an order directing the guardian herein to pay over a certain sum of money to the petitioner and dismissed the proceeding.
    
      T. M. Tyng for appellant.
    
      John Vernou Bouvier, Jr., for respondent.
   Order affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., O’Bbien, Haight, Vann, Weenee, Willa'bd Babtlett and Hiscock, JJ.  