Appellate Division of the Supreme Court of the State of New York June 27, 1935 (In re the Intermediate Judicial Settlement of the Account of Proceedings of The Manufacturers National Bank of Troy)

Rhodes, J.

The appeal herein brings up for review a portion of the decree of the surrogate whereby he assumed to exercise the discretion vested in the testamentary trustee by the will of testator herein.

By said will provision was made for testator’s aunt, Sabina L.