Majority
p. 589In the Matter of the Accounting of Edward H. Titus et al., as Executors of Edward P. Hatch, Deceased, Respondents. Edward E. Butler et al., Appellants; Real Estate Title Insurance and Trust Company of Philadelphia, et al., Respondents. (Argued October 11, 1916; decided October 31, 1916.)
Headnote
Matter of Titus, 170 App. Div. 764 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1915, which reversed so much of a decree
p. 590
of the New York County Surrogate’s Court settling the accounts of the executors of Edward P. Hatch, deceased, as directs the assignment to the respondents, the Real Estate Title Insurance and Trust Company of Philadelphia, Herbert P. Queal and Harry T. Stoddart as trustees under four certain deeds of trust,, made by William W. Hendrickson, Boyd Hatch and Livingston Hatch respectively, of certain securities therein enumerated, in lieu of cash or of the entire share of their said assignors or mortgagors, in full satisfaction of their claims against the said assignors or mortgagors or their estates, and in so far as said decree refuses to allow them costs and counsel fees.
Frederick T. Kelsey, Arthur Butler Graham, Louis Weinberger, Jacob Weinberger, Loren E. Harter and Henry G. Gray for appellants.
Otto ■ O. Wierum, Jr., and Nelson 8. Spencer for executors, respondents.
George 8. Mittendorf for Real Estate Title Insurance and Trust Company et al., respondents.
Order affirmed, with costs; no opinion.
Concur: Willard Bartlett, Oh. J., Hisoock, Chase, Collin, Cuddebaok, Hogan and Cardozo, JJ. -