Majority
p. 797In the Matter of the Final Judicial Settlement of the Accounts of William H Anderson and Marshall H. Durston, as Executors and Trustees under the Last Will and Testament of Alice E. Francis, Late of the City of Troy, Deceased. In Re Claim of William H. Anderson, etc., for $1,732. Marshall H. Durston, as One of the Executors of and Trustees under the Last Will and Testament of Alice E. Francis, Deceased, Appellant; William H. Anderson and Florence L. Francis, Individually and as Copartners Doing Business under the Name “The Troy Times,” Respondents.
Appeal from an order denying application for summary judgment upon a claim in Surrogate’s Court. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.