In re Dittrich — 196 N.Y. 521

Majority

p. 521

In the Matter of the Application of Andrew Dittrich, as Executor under the Will of Mary Dittrich, Deceased, for the Removal of Ellen C. Duffy, as Executrix and Testamentary Trustee under Said Will. Ellen C. Duffy, Appellant; Andrew Dittrich, as Executor, et al., Respondents.

Headnote

Matter of Dittrich v. Duffy, 128 App. Div. 893 , affirmed.

(Argued October 5, 1909;

decided October 19, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1908, which affirmed a decree of the Kings

p. 522

County Surrogate’s Court surcharging the accounts of Ellen C. Duffy, as executrix of Mary Dittrich, deceased.

.Patriéis Rooney for appellant.

Franeis G. Oaffey, Samuel II. Moms and John P. East for respondents.

Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vans, Willard Bartlett, TIiscock and Chase, JJ,