In the Matter of the Judicial Settlement of the Account of Proceedings of City Bank Farmers Trust Company, as Trustee of the Trusts Created under the Last Will and Testament of Henry C. West, Deceased, and the Application of City Bank Farmers Trust Company, as Trustee as Aforesaid, for a Determination as to the Construction and Effect of Said Testator's Last Will and Testament, and for Instructions and Directions as to the Manner and Method of Allocation and Distribution of the Funds Which Are Now or May Hereafter Be in Its Hands as Trustee as Aforesaid. William J. Demorest, Jr., and Others, Infants, and Emma M. West, Appellants; City Bank Farmers Trust Company, as Trustee, etc., Marie Elizabeth West Jones and Elizabeth Frances Jones, Respondents

In the Matter of the Judicial Settlement of the Account of Proceedings of City Bank Farmers Trust Company, as Trustee of the Trusts Created under the Last Will and Testament of Henry C. West, Deceased, and the Application of City Bank Farmers Trust Company, as Trustee as Aforesaid, for a Determination as to the Construction and Effect of Said Testator’s Last Will and Testament, and for Instructions and Directions as to the Manner and Method of Allocation and Distribution of the Funds Which Are Now or May Hereafter Be in Its Hands as Trustee as Aforesaid. William J. Demorest, Jr., and Others, Infants, and Emma M. West, Appellants; City Bank Farmers Trust Company, as Trustee, etc., Marie Elizabeth West Jones and Elizabeth Frances Jones, Respondents. [MAJORITY] Decree, so far as appealed from, unanimously affirmed, with costs to the respondent trustee payable out of the fund. No opinion. Present — Martin, P. J., Townley, Glennon, Dore and Callahan, JJ. [175 Misc. 1042; Id. 1044.]