Opinion
Argued October 2, 1947
Decided October 16, 1947
Appeal from the Supreme Court, Appellate Division, First Department, WALTER, J.
Samuel J. Levinson, Frank Weinstein and Robert Bernstein for appellant.
Stanley F. Reed, Jr., for The Pennsylvania Company for Insurances on Lives and Granting Annuities, plaintiff-respondent.
Williamson Pell, Jr., and Pandia C. Ralli for United States Trust Company of New York, defendant-respondent.
Judgment affirmed, with costs to the appellant and to the respondents payable out of the fund. Whether the appellant should have been awarded costs or any allowance at the Special Term is a question not presented by this record.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.