Majority
p. 882In the Matter of the Accounting of United States Trust Company of New York, as Temporary Administrator of the Estate of and as Executor of Eugene Higgins, Deceased. Daniel P. Cousteau, Respondent, v. United States Trust Company of New York, as Executor of Eugene Higgins, Deceased, Appellant.
No opinion. Present — Cohn, J. P., Callahan, Van Voorhis and Bergan, JJ.; Callahan, J., dissents and votes to reverse and dismiss the complaint with leave to replead in quantum meruit. [See post, p. 1006.]