Majority
p. 938In the Matter of the Application of John A. Caulfield and Another for the Removal of John Oscar Ball as Testamentary Trustee, etc., of Mary Caulfield, Deceased.
Motion to dismiss appeal denied, without costs and without prejudice to a renewal of this application if the appeal to the Court of Appeals in the matter of the accounting proceedings of John Oscar Ball is not diligently prosecuted. Present —Jenks, P. J., Burr, Carr, Rich and Putnam, JJ.