Majority
p. 976George S. Hendrickson and Another, as Executors, etc., of Sarah E. Kouwenhoven, Deceased, Respondents, v. Hattie L. Everitt and Others, Defendants; Henry C. Frey, as Substituted Trustee under the Last Will and Testament of Jacob T. Van Siclen, Deceased, and Another, Appellants.
In view of the determination upon the appeal from the judgment in Hendrickson v. Everitt (post, p. 979), decided herewith, the motion, renewed upon the argument, to dismiss the appeal of Henry C. Frey, as substituted trustee, etc., is dismissed, without costs, as such motion has become academic. Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.