General
New York Trust Company, as Trustee under an Indenture Made the 1st Day of April, 1926, with Earl R. Ernsberger and under an Agreement of Modification of the Trust Indenture Dated the 5th Day of November, 1927, Made between Earl R. Ernsberger.and Mary H. Ernsberger, Respondent, v. Nina E. Weaver et al., Appellants, and Lillie D. Ernsberger et al., Respondents
271 A.D.2d 776·New York Supreme Court, Appellate Division·1946·NY
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Opinion
New York Trust Company, as Trustee under an Indenture Made the 1st Day of April, 1926, with Earl R. Ernsberger and under an Agreement of Modification of the Trust Indenture Dated the 5th Day of November, 1927, Made between Earl R. Ernsberger.and Mary H. Ernsberger, Respondent, v. Nina E. Weaver et al., Appellants, and Lillie D. Ernsberger et al., Respondents.
[MAJORITY]
Interlocutory judgment and order unanimously affirmed, with costs to the respondents payable out of the trust fund. No opinion. Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ. [See post, p. 822.]