Mary A. Gwyer et al., as Executors and Trustees of Christopher Gwyer, Deceased, Respondents, v. William E. Gwyer, Respondent; Christopher Gwyer et al., Appellants, and Edgar L. Gwyer, Defendant

Mary A. Gwyer et al., as Executors and Trustees of Christopher Gwyer, Deceased, Respondents, v. William E. Gwyer, Respondent; Christopher Gwyer et al., Appellants, and Edgar L. Gwyer, Defendant. (Argued June 15, 1899; decided October 3, 1899.) Gwyer v. Gwyer, 5 App. Div. 156, affirmed. Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1896, affirming a judgment entered upon a decision of the court on trial at Special Term, construing the will of Christopher Gwyer, deceased. Delos McCurdy for appellants. Howard Thornton and Edward B. Hill for respondents. [MAJORITY] Judgment affirmed, with costs to the respondent William E. Gwyer, to be paid out of the principal fund of the estate of Christopher Gwyer, deceased, on opinion below. All concur.