Opinion
November 9, 1949.
Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ.
Decree so far as appealed from affirmed, without costs of this appeal to any party. All concur, except Taylor, P.J., who dissents and votes for reversal and for granting the application, on the ground that, under the facts disclosed by the record, the Surrogate's refusal to grant letters of trusteeship to appellant constituted an abuse of discretion. (The portion of the decree appealed from denies an application for the appointment of Ellsworth Morgan Statler as trustee, and appoints one Michael J. Montesano as trustee of the Statler Foundation.)