Majority
p. 906In the Matter of the Accounting of City Bank Farmers Trust Company, as Cotrustee under the Will of Thomas J. Ronan, Deceased. Mary J. Ronan, as Cotrustee, et al., Appellants; City Bank Farmers Trust Company et al., Respondents.
Decree of the Surrogate’s Court, Kings County, construing a will, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. The vested remainder interest of the deceased was not converted into a contingent remainder by reason of the second sentence in the fourth paragraph of the will providing, as to a child who predeceases the life tenant, that his issue shall take his share. (Matter of Montgomery, 258 App. Div. 64 , affd. 282 H. Y. 713; Matter of McCombs, 261 App. Div. 449 , affd. 287 H. Y. 557.) Present — Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See post p. 1016.]