Majority
p. 701In the Matter of the Application of Charles W. Osborn, Appellant, for the Removal of The Citizens Trust Company of Patchogue, as Trustee under an Agreement Dated January 24, 1928, Respondent, and for a Judicial Settlement of the Account of Such Trustee, and for the Appointment of a Successor Trustee under the Terms of Said Agreement. (Appeal No. 1.)
— Order denying appellant’s application for removal of the respondent trust company reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, to the extent of directing a reference to an official referee to take testimony upon the issues involved and report to the court with his opinion thereon. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur.