Majority
p. 785In the Matter of the Construction of an Indenture of Trust Made by William K. Vanderbilt and of Two Certain Indemnity Agreements Executed by the Said William K. Vanderbilt. Muriel V. Adams et al., Appellants; William H. Hayes, as Surviving Executor of Emery L. Ferris, Deceased Trustee under an Indenture of Trust Made by William K. Vanderbilt, et al., Respondents.
In a proceeding under article 79 of the Civil Practice Act, the order (1) directs trustees to account; (2) construes certain indemnity agreements relating to an inter vivos trust agreement; (3) declares certain rights of trustees under the indemnity agreements; (4) denies the motion of presumptive remaindermen of the trust to dismiss the petition; (5) grants, without prejudice, motions to dismiss an affirmative defense, cross claims, and cross petitions set forth in the answer of the remaindermen; and (6) retains jurisdiction of the proceeding. Order unanimously affirmed, with
p. 786
$10 costs and disbursements. No opinion. Present — Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See post, p. 901.]