Majority
p. 867Edward C. Sweeney, Jr., and Others, Appellants, v. Hattie Blanche Sweeney, Respondent.
Judgment unanimously affirmed, with costs. The case presents a clear issue of fact as to whether the trust agreement alleged by the plaintiffs was made. Defendant denies that any such agreement was made or suggested, and the learned trial justice who saw and heard the parties has decided the issue in her favor. We see no reason for interfering with his decision. Present — Kelly, P. J., Rich, Kelby, Young and Kapper, JJ.