George Merritt, as Administrator of Joshua Weeks, Deceased, Respondent, v. John Merritt, as Executor and Trustee under the Will of Hannah B. Merritt, Deceased, and as Administrator of John J. Merritt, Deceased, Appellant, Impleaded with Others; Mary Ann Weeks et al., Respondents

George Merritt, as Administrator of Joshua Weeks, Deceased, Respondent, v. John Merritt, as Executor and Trustee under the Will of Hannah B. Merritt, Deceased, and as Administrator of John J. Merritt, Deceased, Appellant, Impleaded with Others; Mary Ann Weeks et al., Respondents. Merritt v. Merritt, 32 App. Div. 442, affirmed. (Argued December 7, 1899; decided January 9, 1900.) Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 2, 1898, modifying and, as modified, affirming a judgment entered upon the report of a referee. De B. Wilmot for appellant. John R. Kuhn for respondents. [MAJORITY] Judgment affirmed, with costs ; no opinion. All concur.