Jonathan Thompson, an Infant, by Samuel T. Cushing, his Guardian ad Litem, Respondent, v. Henry Hart et al., Respondents, and Charles Remsen et al., as Executors of and Trustees under the Will of William Remsen, Deceased, Appellants

Jonathan Thompson, an Infant, by Samuel T. Cushing, his Guardian ad Litem, Respondent, v. Henry Hart et al., Respondents, and Charles Remsen et al., as Executors of and Trustees under the Will of William Remsen, Deceased, Appellants. Thompson v. Hart. 58 App. Div. 439, affirmed. (Argued October 30, 1901; decided December 10, 1901.) Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1901, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. John 3£. Perry and Everett V. Abbot for appellants. Edward W. Sheldon for plaintiff, respondent. Gratz Nathan, Jefferson 3£. Levy and Samuel Phillips Savage for defendants, respondents. [MAJORITY] Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs out of the estate, on opinion below. Concur : Parker, Ch. J., Gray, O’Brien, Haight, Landon, Cullen and Werner, JJ.