Majority
p. 714
City Bank Farmers Trust Company, as Trustee under a Deed of Trust Dated April 28, 1931, Made by Mary Gertrude Abbey (Now Deceased) for the Benefit of the Said Mary Gertrude Abbey and Others, Appellant, Respondent, v. Susan Margery Arnold and Others, Defendants, Impleaded with Barbara E. Arnold and Others, Defendants, Appellants, Respondents, Bessie Mead and Others, Defendants, Appellants, Yale University and Others, Defendants, Respondents.
Order and judgment, so far as appealed from, affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.; Untermyer, J., dissents and votes to modify upon the ground that the cy pres doctrine does not apply where the gift is contingent upon a specified condition and where accordingly there is no general charitable intent. Settle order on notice.