Majority
p. 814
In the Matter of the Petition of George Forrest Wheeler, for an Order Authorizing and Directing Irving Trust Company and Arthur Butler Graham, as Trustees under the Last Will and Testament of Jennie Forrest Wheeler, Deceased, to Pay Petitioner the Sum of $15,000.00 from the Corpus of the Trust Created for the Benefit of Said Petitioner under Said Last Will and Testament for the Purpose of Providing and Equipping a Home for Himself and His Family, as Provided in Paragraph “ Third ” of a Codicil to Will of Said Deceased. George Forrest Wheeler, Appellant; Irving Trust Company and Arthur Butler Graham, as Trustees under the Last Will and Testament of Jennie Forrest Wheeler, Deceased, and James A. Dayton, as Special Guardian for Abigail Forrest Wheeler and Mary Dean Wheeler, Infants, etc., Respondents.
Appeal from a decree of the Surrogate’s Court of Queens county denying the application of the petitioner for payment out of the corpus of the trust created under the last will and testament of Jennie Forrest Wheeler, deceased. Decree unanimously affirmed, with costs to all parties filing briefs, except the petitioner, payable out of the estate. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ.