Appellate Division of the Supreme Court of the State of New York January 13, 1941 (In re the Judicial Settlement of the Final Account of Proceedings of Irving Trust Co.)

Johnston, J.

Two questions are presented: First, the interpretation of the second paragraph of article “ Thirteenth ” of the will of the testator, Joseph Battell; second, the allowance to be made for the services rendered by a deceased trustee, Robert T. Sheldon, who had been appointed by the court to administer the unexecuted trusts created by the will.