Phillips Phœnix et al., Individually and as Executors of and Trustees under the Will of Stephen Whitney Phœnix, Deceased, Respondents, v. The Trustees of Columbia College in the City of New York et al., Respondents, and George Henry Warren et al., Appellants

Phillips Phœnix et al., Individually and as Executors of and Trustees under the Will of Stephen Whitney Phœnix, Deceased, Respondents, v. The Trustees of Columbia College in the City of New York et al., Respondents, and George Henry Warren et al., Appellants. • Phcenix v. Trustees of Columbia, College, 87 App. Div. 488, affirmed. (Argued October 24, 1904; decided November 15, 1904.) Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 16, 1903, which affirmed a judgment construing the will of Stephen W. Phcenix, deceased, and settling the accounts of his executors and trustees, entered upon the report of a referee. Willimn B. Hornblower, Charles A. Boston, Frederick, Allis, G. 8. Buck, Henry A. Forster, John A. Weekes and Arthur D. Weekes for appellants. Charles B. Jones for respondents. [MAJORITY] Judgment affirmed, with costs, on opinion below. Concur: Cullen, Oh. J;, Gray", O’Brien, Bartlett, Martin, Vann and Werner, JJ.