Majority
p. 708In the Matter of the Petition of the Village of Red Hook for the Construction and Reformation of Paragraph 7 of the Last Will and Testament of Ella Neher, Deceased. Village of Red Hook, Appellant; Hon. John J. Bennett, Jr., as Attorney-General of the State of New York, Harry Miller, Edward C. O’Connell, as Special Guardian for Eleanor Martin, an Infant, etc., and Lizzie Eighmey and Catherine Eighmey, Respondents.
Decree of the Surrogate’s Court, Dutchess county, denying petitioner’s application to change the terms of a trust so as to permit the erection of an administration building to house the village offices and as quarters for a volunteer fire company, instead of using the premises for the purpose named by the testatrix, unanimously affirmed, so far as appeal is taken therefrom, with costs to the respondents filing briefs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.