In re the Accounting of Meyer — 181 N.Y. 562

Majority

p. 562

In the Matter of the Accounting of Ida Meyer et al., as Executors of and Trustees under the Will of Isaías Meyer, Deceased, Respondents. Sophie Stark et al., Appellants; Ida Meyer et al., as Committees of Linda Meyer, an Incompetent Person, Appellants and Respondents.

Headnote

Matter of Meyer, 95 App. Div. 443 , affirmed.

(Argued April 17, 1905;

decided May 2, 1905.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1901, which modified and affirmed as modified a decree of the New York County Surrogate’s Court settling the accounts of the executors and trustees herein and directing distribution of the trust fund.

"William H. Oohen, Mayer L. JELalff and Rastus 8. Ransom for Sophie Stark, appellant.

Albert Stiehiey and Albert Stiehiey, Jr., for Aubrey E. Meyer, appellant.

Herbert Pa/rsons for Estate of Linda Meyer, an Incompetent, appellant and respondent.

Ferdinand R. Mvnrath for respondents.

Order affirmed, with costs, on opinion below.-

Concur: Gbay, O’Bbien, Haight, Vann'and Webneb, JJ., and Babtlett, J., on the ground that the executors and trustees were justified in executing the McGill agreement and continuing that business; but is unable to concur that the charges of interest against the four beneficiaries under the will, as made by the referee and adopted by the surrogate, were proper. Dissenting: Cullen, Ch. J.