Majority
p. 787Margaret Leonard Stoneham, as General Guardian of the Person and Property of Russell C. Stoneham and Jane Elizabeth Stoneham, Infants, and Margaret Leonard Stoneham, Also Known as Bernice Leonard Stoneham, Appellants, v. Leo J. Bondy and Horace A. Stoneham, Individually and as Trustees under Certain Agreements of Trust between Charles A. Stoneham, Settlor, and Leo J. Bondy and Horace A. Stoneham, Trustees, and Leo J. Bondy, as Executor, etc., of Charles A. Stoneham, Deceased, Respondents.
In an action to compel an accounting by trustees under certain trust agreements, order dismissing plaintiffs’ amended complaint for failure to state a cause of action reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion, the language of the last paragraph in each of the agreements in question shows that they are made “ in hen of ” and “ to take the place ” of the prior agreement and to cancel such prior agreement. No allegation of cancellation of such prior agreement is, therefore, necessary. Defendants may serve an answer within ten days from the entry of the order hereon. Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ., concur.