Majority
p. 953In the Matter of the Accounting of Bank of New York, as Trustee under a Deed of Trust made by Edward R. Nichols for the Benefit of Beatrice N. Douglass. Edward R. N. Douglass et al., Appellants; Bank of New York et al., Respondents.
Proceeding under article 79 of the Civil Practice Act brought by a trustee to settle accounts and obtain certain instructions from the court. Order holding that a power of appointment was validly exercised by the donee of the power, insofar as appealed from, unanimously affirmed, with costs to all parties filing briefs, payable out of the trust fund established by Edward R. Nichols, deceased. No opinion. Present — Hagarty, Acting P. J., Carswell, Adel, Lewis and Aldrich, Jj.