In re Bank of New York — 9 N.Y.2d 808

Majority

p. 808

In the Matter of the Bank of New York, as Trustee under the Will of Arthur B. Emmons, Deceased, and as Trustee of the Trust Established by Arthur B. Emmons by Indenture, Respondent; Bank of New York, as Executor of Julia W. Emmons, Deceased, et al., Appellants; Richard S. Humphrey, Jr., et al., Respondents.

Argued February 27, 1961;

decided March 30, 1961.

p. 810

Walter D. Fletcher, John C. Hover and Laurence A. Spelman for Bank of New York, as executor of Julia W. Emmons, deceased, and others, appellants.

Clendon II. Lee for Tuskagee Institute, appellant.

John L. Gray, Jr., and Richard B. Covey for Richard S. Humphrey, Jr., and others, respondents.

Hamel G. Tenney, Jr., and John W. Massola for Elizabeth A. Curtis and others, respondents.

Jacquelin A. Sioords and George M. Vetter for Nathaniel Parkinson, as executor of Mary Emmons Parkinson, deceased, and others, respondents.

Munn Brewer and Franklin Montross, Jr., for Elizabeth Emmons Holmes and others, respondents.

Henry N. Ess, III, and Lor ene Joergensen for George B. Emmons and another, respondents.

Richard 8. Emmet, Jolm L. Merrill, Jr., and Grenville T. Emmet for Bank of New York, as trustee, respondent.

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

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