In re Babcock's Estate

It appearing that the justices qualified to sit in this appeal are equally divided and unable to render a decision herein, the appeal (from 85 Misc. Rep. 256, 147 N. Y. Supp. 168) is transferred to the Appellate Division, Third Department, to be there heard and determined, pursuant to section 231 of the Code of Civil Procedure.

MERRELL, J., not sitting.