Majority
p. 812Howard Kellogg, Jr., and Others, as Trustees under the Trust Agreement Executed by Howard Kellogg under Date of April 26, 1923, Respondents, v. Cyrena Anderson and Others, Appellants, Impleaded with Howard Kellogg and Others, Defendants.
Judgment so far as appealed from affirmed, without costs of this appeal to any party, on the opinion by 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.