Majority
p. 1019The Schenectady Trust Company, as Trustee under Agreement Made by George R. Emmons Dated June 20, 1927, and Amendments Thereto, Respondent, v. Nathaniel D. Emmons, Also Known as Daniel Westbrook, Appellant, The Security First National Bank of Los Angeles at Pasadena, Califobnia, as Trustee under Agreement Made by Laurence B. Emmons, Dated April 19, 1939, Elizabeth Bentley Emmons, Mary Helen Emmons, The Old Ladies’ Home of Schenectady, N. Y., and Children’s Home Society of Schenectady, N. Y., Respondents, and Florence C. Seward and Others, Defendants Not Appearing.
Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 154.] Questions certified as follows: 1. Are the provisions of the trust agreement valid? 2. Does any portion of the trust fund pass under the will of the settlor? 3. Has the appellant Nathaniel D. Emmons any interest in or claim to any part of the trust property? Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.