Judgment affirmed, with costs, and it appearing that since the argument of the appeal one of the defendants, Sarah Jane Hill, has died, it is further ordered that such affirmance be entered as of the 16th of June, 1909, that being the day on which the appeal was submitted to this court for decision; no opinion.

Concur: Cullen, Oh. J., Grav, Edward T. Bartlett, Werner, Willard Bartlett, Hiscook and Chase, JJ.