Sterling v. Chapin — 111 A.D. 912

Majority

p. 912

First Department,

January, 1906.

John W. Sterling, as an Executor, etc., of Edwin S. Chapin, Deceased, Appellant, Respondent, v. Albert K. Chapin, Individually and as an Executor, etc., of Edwin S. Chapin, Deceased, Respondent, Appellant.

Headnote

Cross-appeals from a .judgment entered on the report of a referee and from an order granting costs.

The order, appealed from should be affirmed, without costs. .And upon the authority of Sterling v. Chapin ( 102 App. Div. 689 ) the judgment appealed, from should also be affirmed, without costs. Present— O'Brien, P. J., Ingraham, Laughlin, Clarke and Houghton, JJ.; Laughlin, J., dissented on his opinion on the previous appeal. Order affirmed, without costs. Judgment affirmed, without costs.