Opinion
May 5, 1944.
Present — Martin, P.J., Townley, Glennon, Dore and Cohn, JJ.; Martin, P.J., dissents and votes to reverse on the ground that the trustee has no right of setoff; further, that the stock dividends are to be treated as principal in accordance with section 17-a of the Personal Property Law, there being no provision in the will to the contrary. [ 178 Misc. 1029.]
Decree, so far as appealed from, affirmed, with costs to the respondent, Guaranty Trust Company of New York, as trustee, et cetera, payable out of the trust funds. No opinion.