In re the Estate of Roche — 287 N.Y. 789

Majority

p. 789

In the Matter of the Estate of Percy E. Roche, Deceased. First Trust & Deposit Company, as Trustee under the Will of Percy E. Roche, Deceased, Appellant and Respondent; Katherine Dissel et al., Respondents and Appellants.

Argued January 6, 1942;

decided February 26, 1942.

p. 790

H. Duane Bruce for First Trust & Deposit Company, as trustee, appellant and respondent.

Sol M. Linowitz and Arthur E. Sutherland, Jr., special guardian for Katherine Dissel et al., respondents and appellants.

On appeal by adult beneficiaries and special guardian: Appeal dismissed, without costs. On appeal by trustee: Order affirmed, without costs. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Conway and Desmond, JJ. Taking no part: Lewis, J.