Majority
p. 556In the Matter of the Accounting of Manufacturers and Traders Trust Company et al., as Executors of John E. Johnson, Deceased, Respondents; William R. Emblidge, as Trustee in Bankruptcy of John Johnson Construction Company, Appellant. Argued September 28, 1937; decided October 12, 1937.
p. 557
Howard T. Saperston and Daniel N. McNaughton for appellant.
James C. Sweeney for respondents.
Order affirmed, with costs; no opinion.
Concur: Crane, Ch. J., O’Brien, Loitghran, Finch and Rippey, JJ. Lehman and Htjbbs, JJ., dissent on the ground that there is no evidence the withdrawals were intended as dividends.