In re the Accounting of National City Bank — 270 A.D. 1039

Majority

p. 1039

In the Matter of the Accounting of National City Bank of New York, as Trustee under the Will of William H. Loomis, Deceased, Respondent. Gladys Scudder et al., Appellants; The Loomis Institute, Respondent.

Decree of the Surrogate’s Court, Kings County, which in part adjudges that the remainder of the trust created by subdivision 4 of paragraph “ Third ”, of the last will and testament of William H. Loomis, deceased, passes upon the death of Mary Beardsley Wheeler, under the terms of paragraph “ Fifth ” of said will, to respondent, The Loomis Institute, insofar as appealed from, unanimously affirmed, with one bill of costs to respondents, payable out of the fund. No opinion. Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ.