Hermann H. Cammann et al., as Surviving Executors of Nathaniel P. Bailey, Deceased, Appellants, v. Alletta R. Bailey, Defendant, Sidney Smith Whittlesey et al., Respondents, and Alletta Nathalie Bailey, Appellant, Impleaded with Others

Hermann H. Cammann et al., as Surviving Executors of Nathaniel P. Bailey, Deceased, Appellants, v. Alletta R. Bailey, Defendant, Sidney Smith Whittlesey et al., Respondents, and Alletta Nathalie Bailey, Appellant, Impleaded with Others. Cammann v. Whittlesey, 70 App. Div. 598, affirmed. (Argued January 15, 1903; decided January 30, 1903.) Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 2,1902, which modified' and affirmed as modified a judgment construing the will of Nathaniel P. Bailey entered upon the report of a referee. Fordham Morris for plaintiffs, appellants. Stephen H. Olin for defendant, appellant. Thomas F. Conway for respondents. [MAJORITY] Judgment affirmed, with costs; no opinion. Concur: Parker, Ch. J., Bartlett, Haight, Vann and Werner, JJ. Dissenting: Gray, J. Absent: Martin, J.