Majority
p. 638In the Matter of the Final Judicial Settlement of the Account of William H. Smith as Executor, Trustee, etc.
Decree of surrogate affirmed, with costs to respondent payable out of the estate, Opinion by Pratt, J. (not published at hisrequest). Brown, P. J., dissents on the ground that the estate in remainder created by the will vested on the death of the testator.