Majority
p. 803In the Matter of the Application of Southern Ohio Savings Bank and Trust Company, Guardian of the Property and Estate of William Nagle, an Incompetent, for an Order Compelling Milton J. Bach, Ancillary Committee of the Property of Said Incompetent, to Institute an Action to Cancel, Annul and Set Aside a Trust Created by Said Incompetent and for Other Relief. Milton J. Bach, Ancillary Committee of the Estate of William Nagle, an Incompetent, Appellant, Respondent; Southern Ohio Savings Bank and Trust Company, Respondent, Appellant.
Order unanimously modified by striking therefrom the words “ with leave to renew upon a showing that the contemplated action would be for the best interests of the incompetent,” and as so modified affirmed, without costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.