In re Merrill — 137 N.Y.S. 1129

Majority

p. 1129

In re MERRILL et al.

(Supreme Court, Appellate Division, Third Department.

September 27, 1912.)

Headnote

In the matter of the judicial settlement of the accounts of Susie Merrill and Diar Baker as administrators, etc., of Orson A. Van Alstine, deceased.

A decision having been handed down by this court on the 27th day of June, 1912 ( 136 N. Y. Supp. 884 ), and upon notice of an application to make findings and allow costs, thereby modifying said decision, it is ordered that said decision be amended and modified, by allowing to the special guardian costs of the appeal, to be taxed to be paid out of the fund belonging to Clara Van Alstine and Lulu Van Alstine, and by adding thereto the four findings of fact attached to the notice of motion herein. The following findings of fact are reversed, so far as they are in conflict herewith, to wit: The second, twelfth, thirteenth, fourteenth, and fifteenth.

HOUGHTON, J., dissents. LYON, J., not sitting.