In re the Accounting of Potter — 269 N.Y. 545

Majority

p. 545

In the Matter of the Accounting of Mary H. Potter et al., as Executors of Edward W. Potter, Deceased, Appellants and Respondents. Russell H. Potter et al., Respondents and Appellants.

(Argued October 22, 1935;

decided November 20, 1935.)

p. 546

Joseph Swart, B. Frank Bake and Edward J. Jellinek for Mary H. Potter et ah, as executors of Edward W. Potter, deceased, appellants and respondents.

Helen Z. M. Rodgers and Welles V. Moot for Russell H. Potter, Jr., et al., respondents and appellants.

Joseph H. Morey and Arthur C. Mindhan for Charlotte P. Whitcher, individually and as one of the executors of Harriet E. Potter, deceased, respondent and appellant.

Order affirmed, with costs payable out of the estate to each party appearing by separate attorney and filing a brief, and question certified answered in the affirmative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ. Not sitting: Crouch, J.