Opinion
February 26, 1952.
Present — Peck, P.J., Cohn, Callahan, Van Voorhis and Bergan, JJ.
No point has been raised as to any distinction between the testimony of Ruth Lipton as an individual and as an executrix. Order unanimously modified so as to direct an examination as to the receipt and expenditure of funds of settlors, including any commingling of settlors' funds with other funds and the use of such funds by Conrad Lipton or by the defendants or for their benefit and, as so modified, affirmed, without costs. All relevant books, papers and documents are to be produced on the examination. The date for the examination to proceed shall be fixed in the order. Settle order on notice.