In the Matter of the Application of Henry C. Pitney et al., as Trustees under the Will of Catharine C. Halsted, Deceased, Respondent. Charles S. Halsted, Appellant

In the Matter of the Application of Henry C. Pitney et al., as Trustees under the Will of Catharine C. Halsted, Deceased, Respondent. Charles S. Halsted, Appellant. Matter of Pitney, 113 App. Div. 845, modified. (Argued October 3, 1906; decided October 16, 1906.) Appeal from' an order of the' Appellate Division of the Supreme Court in the first judicial department, entered July 5, 1906, which modified and affirmed an order of Special Term granting the application of Henry C. Pitney and James M. Halsted to he discharged as trustees under .the will of Catharine C. Halsted, deceased, settling their accounts and appointing a new trustee. George W. Carr for appellant. Edgar J. Nathan for trustees, respondents. William T. Gilbert for Charles C. Lockwood, as special guardian, respondent. [MAJORITY — Per Curiam.] Per Curiam. The selection of a new or substituted trustee rested in the discretion of the Supreme Court and is not subject to review by this court. It is-extremely doubtful, to say the least, whether the infant has any interest in the corpus of the trust fund. Therefore, the compensation for the services of the guardian was necessarily limited to taxed costs and the court was not authorized to make him an allowance. (Matter of Holden, 126 N. Y. 589 ; Matter of Robinson, 40 App. Div. 30 ; affd., 160 N. Y. 448.) The order appealed from should be modified so as to strike out the allowance to the guardian ad litem, and in lieu thereof direct that said guardian be paid his costs to be taxed, and as modified affirmed, without costs of this appeal to either party. Cullen, Ch. J., Edward T. Bartlett, Haight, Yann, Werner, Willard Bartlett and Chase, JJ., concur. Ordered accordingly.