Majority
p. 738In the Matter of the Judicial Settlement of the Account of Proceedings of Title Guarantee and Trust Company and William F. Brown, as Surviving Trustees, etc., of Cornelius J. Ryan, Deceased, and William F. Brown, as Ancillary Executor, etc., of Michael G. Ryan, Deceased, for the Acts of Said Michael G. Ryan, as Trustee, etc., of Said Cornelius J. Ryan, Deceased (from April 20th, 1927, to November 9th, 1937). Title Guarantee and Trust Company and Others, Appellants; Ellen Ryan Lynch and Others, Respondents.
Order, so far as appealed from, modified by striking therefrom the following provision: “ Ordered that the foregoing stay shall not apply to that portion of said decree appealed from which directs the trustees to file their account as such trustees from November 9, 1937, to date; and it is further,” and as so modified affirmed, without costs. Present — Martin, P. J., O’Malley, Glennon, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to affirm upon the ground that the condition imposed in the bond concerns a matter over which the surrogate has complete discretion and the order appealed from did not affect any substantial rights of the appellants.