Opinion
January 29, 1943.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ.
Order entered September 5, 1941, and judgment appealed from unanimously modified to provide that the sum of $470.84 allowed to plaintiff be charged in equal shares to the income accruing prior to May 24, 1941, and the income accruing subsequent to such date; or if the income in plaintiff's hands accruing since said date be insufficient, that said sum be charged proportionately against the securities and the income thereon which form the subject-matter of this action; that the income after such charge or the remaining balance thereof accruing from the bonds prior to May 24, 1941, be held by plaintiff for the benefit of the estate of Hermine Meyer, deceased, subject to the further order of the Supreme Court; and that said order and judgment, as so modified, are affirmed with costs to the appellant. Orders entered September 18, 1941, and October 3, 1941, respectively, denying resettlement, affirmed. No opinion. Settle orders on notice.