In re the Accounting of Lynn — 287 N.Y. 627

Majority

p. 627

In the Matter of the Accounting of Sarah M. Lynn et al., as Trustees under the Will of John Lynn, Deceased. Eric V. Smaje, Individually and as Executor of Edgar A. Lynn, Deceased, Appellant; Mariano Rodriguez et al., Respondents.

Argued October 13, 1941;

decided November 19, 1941.

p. 629

James J. McLoughlin and Robert F. White for appellant.

Donald T. Mullane, Harold V. Dixon, Louis O. Imperato, Edwin E. Singer and S. Earl Levene for Mariano Rodriguez, respondent.

Alexander R. Kellegrew for Sarah M. Lynn et al., as trustees under the will of John Lynn, deceased, respondents.

Order affirmed, with costs to all parties appearing and filing separate briefs payable out of the estate. No opinion.

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