Majority
p. 889In the Matter of the Application of James McMahon, as Sole Trustee, etc., of Rose Devereux McMahon, Deceased, Appellant, for Leave to Sell etc. DeKalb-Tompkins Company, Respondent.
Order reversed, with ten dollars costs and disbursements, and motion granted, but without prejudice to the right of respondent to apply for a modification of the order entered herein directing a sale of the trust estate so as to charge the expenses of the special proceeding against the interest of said estate, lío opinion. Jenks, P. J., Burr, Thomas, Can* and Rich, JJ., concurred.