Smith v. Dugan — 205 N.Y. 556

Majority

p. 556

Louis D. Smith, Appellant, v. William F. Dugan et al., Appellants, and George D. Smith et al., Respondents.

Headnote

Smith v. Dugan, 145 App. Div. 877 , affirmed.

(Argued March 28, 1912;

decided April 12, 1912.)

Appeal from a judgment entered July 2T, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment entered upon a decision of the court on trial at Special Term and directed entry of judgment in accordance with the opinion of the court in an action for the construction of the wills of Hugh Smith and Andrew J. "Smith, deceased.

Alexander L.. 8trouse for plaintiff, appellant.

Lucius H Beers for defendants, appellants.

p. 557

Richard Gorman for Mary J. Smith et al., respondents.

Frederick Getter and James F. Horan for Farmers’ Loan and Trust Company, as executor of Andrew J. Smith, deceased, respondent.

Judgment affirmed, with costs to all parties who appeared in this court by attorney and filed briefs, payable out of the estate; no opinion.

Concur: Gray, Haight, Vann, Werner, Hiscock and Collin, JJ. Not sitting: Cullen, Oh. J.