In the Matter of the Administration of the Estate of Rose T. Mosher, Deceased. Elizabeth Sarles, Appellant; John Walsh, as Executor of Rose T. Mosher, Deceased, Respondent

In the Matter of the Administration of the Estate of Rose T. Mosher, Deceased. Elizabeth Sarles, Appellant; John Walsh, as Executor of Rose T. Mosher, Deceased, Respondent. Matter of Mosher, 103 App. Div. 459, affirmed. (Submitted April 26, 1906; decided May 15, 1906.) Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 3, 4905, which reversed a judgment in favor of appellant herein entered upon the report of a referee, and granted a new trial of a claim against the estate of Rose T. Mosher, deceased, for alleged services rendered to such deceased prior to her death, which claim had been rejected by the executor. George W. McKenzie for appellant. Rufus L. Weaver and Martin J. Earley, Jr., for respondent. [MAJORITY] Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion. Concur: Cullen, Ch. J., Cray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.