Mary H. Myer, Individually and as Trustee under the Will of Clark S. Sharpsteen, Deceased, and as Guardian of Mary H. Sharpsteen, an Infant, Appellant, v. Leon Abbett, as Executor of Leon Abbett, Deceased, et al., Respondents, and Mary H. Sharpsteen, Appellant

Mary H. Myer, Individually and as Trustee under the Will of Clark S. Sharpsteen, Deceased, and as Guardian of Mary H. Sharpsteen, an Infant, Appellant, v. Leon Abbett, as Executor of Leon Abbett, Deceased, et al., Respondents, and Mary H. Sharpsteen, Appellant. Myer v. Abbett, 105 App. Div. 587, affirmed. (Argued June 18, 1906; decided October 2, 1906.) Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27, 1905, modifying, and affirming as modified, a judgment in favor of respondents herein entered upon the report of a referee in an action for an accounting. Edward IF. S. Johnston and Edward P. Orrell, Jr., for appellants. Fredericlc II. Man, Ilenry II. Mam, Leon Abbett and Thomas J. Sanson for respondents. [MAJORITY] Judgment affirmed, with costs to each party respondent appearing by separate counsel and filing briefs; no opinion. Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hisoook and Chase, JJ. Absent: O’Brien, J.