New York Supreme Court May 15, 1889 (In re the Judicial Settlement of the Account of Babcock)

Macomber, J.:

It is apparent that the surrogate disallowed the claim of these surviving trustees on the ground that the testator did not, by bis will, contemplate a severance of the functions of the executors from those of the trustees, technically so-called. The general rule is well established as enunciated in the case of Johnson v. Lawrence (95 N. Y.