The Farmers' Loan and Trust Company, as Trustee under Deeds of Trust Made by Jabez A. Bostwick, Deceased, Appellant, v. Helen C. Bostwick, Individually and as Executrix of the Will of Jabez A. Bostwick, Deceased, et al., Respondents, and Fannie E. B. Francis et al., Appellants and Respondents

The Farmers’ Loan and Trust Company, as Trustee under Deeds of Trust Made by Jabez A. Bostwick, Deceased, Appellant, v. Helen C. Bostwick, Individually and as Executrix of the Will of Jabez A. Bostwick, Deceased, et al., Respondents, and Fannie E. B. Francis et al., Appellants and Respondents. Farmers' Loan & Trust Co. v. Bostwick, 120 App. Div. 271, reversed. (Argued December 20, 1907; decided January 21, 1908.) Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1901, which modified and affirmed as modified a judgment of Special Term construing the will of Jabez A. Bostwick, deceased, and certain trust deeds executed by him. James F. lloran for plaintiff, appellant. George L. Shea/rer for United States Trust Company, as trustee, appellant and respondent. William Pierrepont Williams and Lanman Crosby for Hamilton W. Cary, as administrator, appellant and respondent. Fgerton L. Winthrop, Jr., for Fannie E. Francis, appellant and respondent. Charles F. Buelcingham for Albert C. Bostwick, Jr., et ah, appellants and respondents. Franh, L. Polls for Marion B. Carstairs et ah, appellants ' and respondents. George F. Chambet'lain for Albert C. Bostwick, respondent and appellant. Ward B. Chamlberlavn for Helen C. Bostwick, respondent and appellant. [MAJORITY] Judgment of Appellate Division reversed and that of Special Term affirmed, with costs to all parties appearing in this court and filing- briefs, payable out of the fund, on the authority of N. Y. Life Ins. & Trust Co. v. Cary (191 N. Y. 33).