In the Matter of the Accounting of the United States Trust Company of New York, as Executor of Alonzo W. Balch, Deceased. Adelaide M. Balch, as Executrix of David C. Balch, Deceased, Appellant; Eva Rohr et al., Respondents

In the Matter of the Accounting of the United States Trust Company of New York, as Executor of Alonzo W. Balch, Deceased. Adelaide M. Balch, as Executrix of David C. Balch, Deceased, Appellant; Eva Rohr et al., Respondents. Matter of United States Trust Oo., 117 App. Div. 178, affirmed. (Argued May 21, 1907; decided June 4, 1907.) Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1907, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the executor herein and finding adversely to the appellant on her claim to funds represented by two savings bank books. Anson M. Beard and James M. Gifford for appellant. Maunsell B. Field, Evan Shelby, Peter S. Garter, George Booohever and T. Ghannon Press for respondents. [MAJORITY] Order affirmed, with costs, on opinion of Scott, J., below. Concur: Cullen, Oh. J., O’Brien, Edward T. Bartlett, Haight, Yann, Hiscook and Chase, JJ.