In the Matter of the Judicial Settlement of the Accounts of James T. Mitchell et al., Executors of Hannah Hammond, Deceased. John P. Roosa, Executor, Appellant and Respondent; The Trustees of the New York Annual Conference, Legatee, Respondent and Appellant

In the Matter of the Judicial Settlement of the Accounts of James T. Mitchell et al., Executors of Hannah Hammond, Deceased. John P. Roosa, Executor, Appellant and Respondent; The Trustees of the New York Annual Conference, Legatee, Respondent and Appellant. Matter of Mitchell, 86 App. Div. 542, affirmed. (Argued January 16, 1900; decided February 6, 1900.) Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered upon an order made January 17, 1899, modifying, and affirming as modified, a decree of the Surrogate’s Court of Sullivan county, settling the accounts of the executors of the last will and testament of Hannah Hammond, deceased. T. F.. Bush for John P. Roosa, executor. Charles F. Oossum for the Trustees of the New York Annual Conference, legatee and contestant. [MAJORITY] Order and judgment affirmed, without costs, on opinion below. Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin and Yann, JJ. Not sitting: Landon, J.