Robert M. Olyphant et al., as Executors of Anne A. Morss, Deceased, Appellants and Respondents, v. Amy C. Phyfe et al., Defendants. Martha Campbell et al., as Executors of William Campbell, Deceased, Appellants; William W. Heroy, as Surviving Partner of the Firm of Heroy & Marrenner, Respondent

Robert M. Olyphant et al., as Executors of Anne A. Morss, Deceased, Appellants and Respondents, v. Amy C. Phyfe et al., Defendants. Martha Campbell et al., as Executors of William Campbell, Deceased, Appellants; William W. Heroy, as Surviving Partner of the Firm of Heroy & Marrenner, Respondent. Olyphant v. Phyfe, 48 App. Div. 1, affirmed. (Argued April 2, 1901; decided April 16, 1901.) Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1900, upon an order reversing in part and affirming in part a judgment in favor of plaintiffs; entered upon a decision of the court on trial at Special Term. Henry B. Johnson for defendants, appellants. John E. Parsons for plaintiffs, appellants and respondents. William F. McNamara for respondent Heroy. [MAJORITY] Judgment affirmed, without costs to either party, on opinion below. Concur : Parker, Ch. J., Gray, O’Brien, Haight, Landón, Cullen and Werner, JJ.