James E. Boyer and Daniel W. Boyer, Appellants, v. Ellenor East, Henry R. East, and Henry R. East as Executor of Henry East, Deceased, and as Trustee, and Robert Blair et al., Respondents

James E. Boyer and Daniel W. Boyer, Appellants, v. Ellenor East, Henry R. East, and Henry R. East as Executor of Henry East, Deceased, and as Trustee, and Robert Blair et al., Respondents. (Submitted January 30, 1899; decided February 3, 1899.) Reported below, 25 App. Div. 625. Motion to prefer, under section 791 of the Code of Civil Procedure, an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 18, 1898, affirming a judgment in favor of the defendants entered upon a decision of the court dismissing the complaint on trial at Special Term. Hubbell & McGuire for motion. Ho one opposed. [MAJORITY] Motion granted, and case given preference upon the next calendar of the court to be made April 17, 1899, under subdivision 10 of section 791 of the Code of Civil Procedure.