Opinion
October 1, 1951.
Present — Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ. [See post, p. 666.]
Proceeding under article 79 of the Civil Practice Act for the judicial settlement of the accounts of trustees under an inter vivos trust created by William K. Vanderbilt. Muriel Vanderbilt Adams and Consuelo Vanderbilt Smith appeal from an order granting defendant Guaranty Trust Company's motion to dismiss their cross complaint against it as executor of the last will and testament of William K. Vanderbilt, deceased, and from an order denying their motion for a change of venue from Westchester County to New York County. Appeal No. 1. Order granting motion to dismiss cross complaint unanimously affirmed, with $10 costs and disbursements. Section 264 of the Civil Practice Act, is not applicable in this proceeding. ( Matter of Fields, 193 Misc. 781, affd. 276 App. Div. 835.) Appeal No. 2. Order denying motion for a change of venue affirmed, with $10 costs and disbursements to respondents filing briefs. No opinion.