Majority
p. 710In the Matter of the Application of Elsa Bartels for a Construction of the Last Will and Testament of Charles Bartels, Deceased. Amelia Bartels Antony, Trustee, Remainderman and Beneficiary, Appellant; Elsa Bartels, Respondent.
Decree, so far as appealed from, construing paragraph fifth of the will of the above-named decedent, and awarding counsel fees and costs to the attorney for the petitioner, affirmed, with costs to the respondent payable out of the fund. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.; Glennon, J., dissents.