In re the Estate of Montgomery — 282 N.Y. 713

Majority

p. 713

In the Matter of the Estate of John J. Montgomery, Deceased. Robert W. Montgomery et al., Appellants; Ida L. Montgomery, Individually and as Administratrix with the Will Annexed of the Estate of Harry C. Montgomery, Deceased, et al., Respondents.

Argued February 28, 1940;

decided March 15, 1940.

p. 714

Sebastian P. Capuli for appellants.

■ Eugene Morgan Hawkins and Frederic A. Behrens for Ida' L. Montgomery, as administratrix, respondent.

p. 715

James E. Bennett, Jr., for National City Bank of New York, as executor and trustee of John J. Montgomery, deceased, respondent.

Order affirmed, with costs payable out of the estate. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.