Opinion
February 18, 1952.
Present — Carswell, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ.
In an action to fix and determine an alleged interest of plaintiffs' testator or of his residuary legatee, plaintiff Beck, in certain premises, which had been owned by defendant Odell's intestate, or in the proceeds of a sale of said premises, and to impress a trust on such proceeds for the amount fixed for such interest, plaintiffs appeal from a judgment dismissing their complaint after trial. Judgment unanimously affirmed, with costs. The determination by Special Term that plaintiffs' testator was not a cotenant with defendant Odell's intestate is supported by the evidence.