Majority
p. 812Howard Kellogg and Others, as Trustees of the Trust Created for the Benefit of Elizabeth K. Mann and Others, under the Trust Agreement Executed by Spencer Kellogg under Date of October 2, 1916, Respondents, v. Kellogg Mann, Jr., and Others, Appellants, Impleaded with Elizabeth K. Mann and Others, Defendants.
Judgment so far as appealed from affirmed, without costs of this appeal to any party, on the opinion of Swift, J., delivered at Special Term. [Reported sub nom. Kellogg v. Kellogg, 166 Mise. 791.] All concur. (The judgment determines certain stock to constitute income and directs the delivery of same to the life tenants.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.