In the Matter of the Accounting of the Marine Midland Trust Company of New York, as Substituted Trustee under the Will of David L. Whitmore, Deceased, Respondent. Frederick A. Smith, Individually and as Executor of Florence L. Smith, Deceased, Appellant; Gertrude W. Porteus, Individually and as Executrix of Rosalie R. Whitmore, Deceased, et al., Respondents

In the Matter of the Accounting of the Marine Midland Trust Company of New York, as Substituted Trustee under the Will of David L. Whitmore, Deceased, Respondent. Frederick A. Smith, Individually and as Executor of Florence L. Smith, Deceased, Appellant; Gertrude W. Porteus, Individually and as Executrix of Rosalie R. Whitmore, Deceased, et al., Respondents. [MAJORITY] Proceeding for the judicial settlement of the third intermediate account of the substituted trustee herein and for a construction of the will of David L. Whit-more, deceased. Decree of the Westchester County Surrogate’s Court, insofar as appealed from, unanimously affirmed, with costs to all parties filing briefs payable out of the estate. No opinion. Present — Close, P. J., Hagarty, Johnston, Lewis and Aldrich, JJ. [See post, p. 755.] .