General
In the Matter of the Will of Thomas F. Ryan, Deceased. George E. Cleary et al., as Executors of Clendenin J. Ryan, Deceased, Appellants-Respondents; United States of America, Appellant-Respondent; Guaranty Trust Company of New York, as Trustee for the Benefit of Clendenin J. Ryan under the Will of Thomas F. Ryan, Deceased, Respondent; and Clendenin J. Ryan, Jr., et al., Respondents-Appellants
267 A.D. 974·New York Supreme Court, Appellate Division·1944·NY
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Opinion
In the Matter of the Will of Thomas F. Ryan, Deceased. George E. Cleary et al., as Executors of Clendenin J. Ryan, Deceased, Appellants-Respondents; United States of America, Appellant-Respondent; Guaranty Trust Company of New York, as Trustee for the Benefit of Clendenin J. Ryan under the Will of Thomas F. Ryan, Deceased, Respondent; and Clendenin J. Ryan, Jr., et al., Respondents-Appellants.
[MAJORITY]
Decree, so far as appealed from, affirmed, with costs to the respondent, Guaranty Trust Company of New York, as trustee, et cetera, payable out of the trust funds. No opinion. Present ■— Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.; Martin, P. J., dissents and votes to reverse on the ground that the trustee has no right of setoff; further, that the stock dividends are to be treated as principal in accordance with section 17-a of the Personal Property Law, there being no provision in the will to the contrary. [178 Mise. 1029.]