In the Matter of the Application of Emma L. Winant, Appellant, for the Appointment of a Trustee in the Place and Stead of James J. Winants and Cornelia E. Winant, Now Deceased, Trustees under the Last Will and Testament of Euphemia J. Winant, Deceased. American Trust Company, Respondent

In the Matter of the Application of Emma L. Winant, Appellant, for the Appointment of a Trustee in the Place and Stead of James J. Winants and Cornelia E. Winant, Now Deceased, Trustees under the Last Will and Testament of Euphemia J. Winant, Deceased. American Trust Company, Respondent. [MAJORITY] Order of the Surrogate’s Court of Richmond county denying motion to vacate and resettle order appointing respondent as trustee, and for an order appointing William R. Rust as such trustee, affirmed, without costs. In view of the fact that the interests of the infants are involved, the surrogate was not obliged to comply with the request for the appointment of Mr. Rust. Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.