In re Contruction of Myers — 8 N.Y.2d 947

Majority

p. 947

In the Matter of the Construction of the Trust Created by Arthur H. Myers. Barbara N. Gibson, Individually and as Guardian ad Litem for Kenneth M. Gibson and Others, Infants, et al., Appellants; Bank of New York, as Trustee of the Trust Created by Arthur H. Myers, et al., Respondents.

Argued May 23, 1960;

decided July 8, 1960.

p. 948

Henry Cassorte Smith, Frederick R. Van Vechten, Peter S. Heller and James F. Downey for appellants.

p. 949

Archibald A. Patterson, Harris B. Steinberg and Barbara A. Lindemann for Nancy M. Lodge and Bruce H. Myers, respondents.

Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the trust fund; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.