General
Irving Trust Company, as Executor, etc., of Henry R. Burt, Deceased, Trustee under a Certain Trust Agreement Dated December 28th, 1935, between Henry R. Burt, Grantor, and Henry R. Burt, Trustee, Plaintiff, Respondent, v. Maggie Z. Horn Burt, Individually, and as Successor Trustee, etc., Defendant, Appellant, Impleaded with Maggie Z. Horn Burt, as General Guardian of Henry Radcliffe Burt, Jr., an Infant, etc., and Others, Defendants, and Henry Radcliffe Burt, Jr., and Others, Defendants, Respondents
264 A.D. 842·New York Supreme Court, Appellate Division·1942·NY
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Opinion
Irving Trust Company, as Executor, etc., of Henry R. Burt, Deceased, Trustee under a Certain Trust Agreement Dated December 28th, 1935, between Henry R. Burt, Grantor, and Henry R. Burt, Trustee, Plaintiff, Respondent, v. Maggie Z. Horn Burt, Individually, and as Successor Trustee, etc., Defendant, Appellant, Impleaded with Maggie Z. Horn Burt, as General Guardian of Henry Radcliffe Burt, Jr., an Infant, etc., and Others, Defendants, and Henry Radcliffe Burt, Jr., and Others, Defendants, Respondents.
[MAJORITY]
Judgment, so far as appealed from, affirmed,.with costs to aU parties appearing by separate attorneys and ffling separate briefs payable out of the fund. No opinion. Present - — ■ Martin, P. J.,. Townley, Glennon, Untermyer and Dore, JJ.; Untermyer, J., dissents.