Majority
p. 1150WEIR et al. v. BARKER. (Supreme Court, Appellate Division, Second Department. May 12, 1905.)
Headnote
Action by John R. Weir and Frederick Weir, composing the firm of James Weir’s Sons, against Frances E. Barker, trustee under the will of Charles Barker, deceased.The order must be settled in accordance with the decision; but the defendant may have an order of this court providing that her right to appeal to the Court of Appeals shall not be affected by the payment of rent pending such appeal. The time to apply for the appointment of a referee will be continued accordingly. Order to be settled before MILLER, J.