Majority
p. 808
In the Matter of the Application for a Compulsory Accounting in the Estate of Eda W. Semken, Deceased. In the Matter of the Petition of The New York Association for the Blind, a Legatee under the Last Will and Testament of Eda W. Semken, for a Determination as to the Construction and Effect of the Disposition of Property Contained in the Last Will and Testament of Eda W. Semken, Deceased. The New York Association for the Blind, Petitioner, Appellant; George H. Semken, Individually and as Executor, etc., and Others, Respondents.
Decree, so far as appealed from, affirmed, with costs to the respondent George H. Semken, individually and as executor, etc., payable out of the estate. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; O’Malley, J., dissents and votes for a direction to the executor to account for and pay over pursuant to paragraph Eighth of the will.