Opinion
November 21, 1949.
In an action to settle the accounts of a trustee under a deed of trust, and to construe portions of the deed, judgment, insofar as appeal is taken, reversed on the law and the facts, with costs to all parties filing briefs, and judgment granted in favor of plaintiff-appellant as demanded in the complaint, with costs. All costs awarded on this appeal are to be payable out of the trust corpus. Findings of fact and conclusions of law inconsistent herewith are reversed. New findings and conclusions will be made. The trust deed grants the power to appoint the principal of the trust absolutely or to trustees designated by the donee of the power. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. Settle order on notice or consent.