Opinion
Argued May 17, 1939
Decided June 19, 1939
Appeal from the Supreme Court, Appellate Division, First Department.
Samuel Seabury and Daniel A. Shirk for appellant.
Joseph V. McKee and William T. Griffin for Title Guarantee and Trust Company, as executor, respondent.
John J. Bennett, Jr., Attorney-General ( Robert P. Beyer and Henry Epstein of counsel), appearing on behalf of unknown beneficiaries, respondent.
Order affirmed, with costs to all parties filing briefs, payable out of the estate; no opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.