United States Trust Company of New York, as Trustee under the Will of Richard N. Peterson, Deceased, Respondent, v. Schuyler S. Wheeler, Individually, as Executor of Ella A. Wheeler, Deceased, and as Administrator of the Estate of Richard S. Wheeler, Deceased, Respondent, and Mary A. Stephens et al., Appellants, Impleaded with Others

United States Trust Company of New York, as Trustee under the Will of Richard N. Peterson, Deceased, Respondent, v. Schuyler S. Wheeler, Individually, as Executor of Ella A. Wheeler, Deceased, and as Administrator of the Estate of Richard S. Wheeler, Deceased, Respondent, and Mary A. Stephens et al., Appellants, Impleaded with Others. United States Trust Go. v. Wheeler, 73 App. Div. 389, affirmed. (Argued January 28, 1903; decided February 10, 1903.) Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 18, 1902, which affirmed a judgment of Special Term construing the will of Richard N. Peterson, deceased. Jacob W. Kahn and Edwin M. Wight for appellants. William K. Cohen and Messmore Kendall for defendant, respondent. Edward W. Sheldon for plaintiff, respondent. [MAJORITY] Judgment affirmed, with costs ; no opinion. Concur: Parker, Ch. J., Cray, Bartlett, Haight, Cullen and Werner, JJ. Absent: O’Brien, J.