23 N.E.2d 534

In the Matter of the Accounting of CITY BANK FARMERS TRUST COMPANY, as Trustee under the Will of JAMES H. BATES, Deceased. BROOKLYN HOME FOR AGED MEN et al., Appellants; LEONARD N. SNEDEKER, Special Guardian for CHARLES W. FIELD et al., Infants, et al., Respondents.

Court of Appeals of the State of New YorkArgued September 26, 1939
Decided October 17, 1939

Appeal from the Supreme Court, Appellate Division, Second Department, WINGATE, S.

Page 693

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Almet R. Latson, Jr., Robert F. Greacen, William K. Allison, Vincent W. Quinn, R.M. Cahoone, John J. Morris, Oscar Wm. Swift
and Francis H. Warland for appellants.

George B. Draper and Myer Miller for Lou A. Bates, respondent.

William G. Barr and Albert N. Webster for Florence W. Griswold, respondent.

Leonard N. Snedeker, special guardian for infant respondents.

J.H. Morgan and W.A. Lockwood for City Bank Farmers Trust Company, respondent.

Order affirmed, with costs to all parties filing briefs payable out of the principal of the trust. Certified question not answered. No opinion.

Concur: CRANE, Ch. J., LEHMAN, HUBBS, FINCH and RIPPEY, JJ. Dissenting: LOUGHRAN, J. Taking no part: O’BRIEN, J.

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