In the Matter of the Judicial Settlement of the Account of the Proceedings of George Stanley Shirk and Isabel Koss Murray (Formerly Isabel G. Koss), as Temporary Administrators, etc., of Ella V. von E. Wendel, Deceased, etc. The Presbyterian Hospital in the City of New York and Others, Appellants, George Stanley Shirk and Another, as Surviving Temporary Administrators, etc., and Another, Petitioners, and George Stanley Shirk and Another, Individually and as Surviving Executors, etc., and Another, Respondents

In the Matter of the Judicial Settlement of the Account of the Proceedings of George Stanley Shirk and Isabel Koss Murray (Formerly Isabel G. Koss), as Temporary Administrators, etc., of Ella V. von E. Wendel, Deceased, etc. The Presbyterian Hospital in the City of New York and Others, Appellants, George Stanley Shirk and Another, as Surviving Temporary Administrators, etc., and Another, Petitioners, and George Stanley Shirk and Another, Individually and as Surviving Executors, etc., and Another, Respondents. [MAJORITY] Appeal by the residuary beneficiaries under the will of Ella V. von E. Wendel, deceased, from that part of a decree of the Surrogate’s Court, New York county, which allows and awards to the temporary administrators as compensation herein five per cent (less the sum of $37,388.57) of the rents collected by them from real property. Decree so far as appealed from unanimously affirmed, with costs payable out of the estate. No opinion. Present — Martin, P. J., MeAvoy, Untermyer, Dore and Cohn, JJ. [159 Misc. 900.]