New York Court of Appeals May 17, 1939 (In Re the Accounting of New York Trust Co.)

lead-opinion

Order affirmed, with costs payable out of the estate. No opinion.

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Concur: Lehman, IIubbs, Loughran and Rippey, JJ. Taking no part: O’Brien, J. Crane, Ch. J., dissents in the following memorandum in which Finch, J., concurs:

dissent

Crane, Ch. J.

(dissenting). The testator gave directions in the fifth clause of his will and the executors followed them.