In re the Construction of the Will of Bush — 3 N.Y.2d 908

Majority

p. 908

In the Matter of the Construction of the Will of Marion P. Bush, Deceased. Central Trust Company Rochester, as Trustee under the Will of Marion P. Bush, Deceased, Appellant; Clayton F. Bush, as Executor of Marion P. Bush, Deceased, Respondent.

Argued October 7, 1957 :

decided October 24, 1957.

p. 909

Howard M. Woods for appellant.

Peter G. Smith and Jay A. Smith for respondent.

p. 910

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

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke, JJ.