Majority
p. 605Argued April 16, 1952; decided June 5, 1952.
In the Matter of the Accounting of Percy J. Smith et al., as Executors of William E. Abele, Deceased, Appellants and Respondents. Commissioner of Welfare of the City of New York, Respondent and Appellant; Lafayette National Bank of Brooklyn in New York, as Substituted Trustee under the Will of William E. Abele, Deceased, Appellant and Respondent; William C. McCreery, as Special Guardian for Esther Abele and Others, Infants, Respondent.
p. 606
John McElraevy, Jr., in person, William G. McCreery, special guardian in person, and Donald F. Ayers for executors, appelants and respondents.
Pallister Hamilton Feely and Walter Jeffreys Garlin for Lafayette National Bank of Brooklyn in New York, substituted trustee, appellant and respondent.
Denis M. Hurley, Corporation Counsel (Seymour B. Quel and Alfred Weinstein of counsel), for respondent and appellant.
p. 607
Order of Appellate Division reversed and decree of Surrogate’s Court affirmed, with costs in this court and in the Appellate Division to all parties appearing separately and filing separate briefs payable out of the estate, on the ground that the findings of the Surrogate’s Court are in accord with the weight of the evidence. We pass upon no other question. No opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.