Majority
p. 996Mary P. Spencer, Respondent, v. Richard S. Childs et al., Appellants.
No opinion. Concur — Breitel, J. P., Bastow, Botein and Rabin, JJ.; Cox, J., dissents and votes to reverse and dismiss the complaint in the following memorandum: This court heretofore upheld the sufficiency of the complaint ( 283 App. Div. 788 ). On the trial of the action, plaintiff failed to sustain the burden cast upon her by the law. There is a complete failure of proof to establish that the testatrix intended that the words in paragraph 3d of the testatrix’ will should constitute a mandatory direction to her children to make the payments therein set forth. The judgment should be reversed and the complaint dismissed.