Opinion
Argued December 8, 1908
Decided December 18, 1908
John Nicholson for appellants.
David Asch and Maurice Goodman for respondents.
Judgment reversed and judgment ordered for the plaintiffs that the power to apply portions of the principal of the estate to the use of the plaintiff Alice L.S. Smith passed to and is vested in the substituted trustee, with costs to all parties payable out of the estate, on opinion of INGRAHAM, J., below.
Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, VANN, WILLARD BARTLETT and HISCOCK, JJ. Absent: WERNER, J.