Opinion
Argued May 19, 1943
Decided June 18, 1943
Appeal from the New York County Surrogate's Court, DELEHANTY, S.
James N. Vaughan for, and Thomas B. Dyett in person as, Special Guardian, appellant.
Louis J. Merrell and Louis J. Moss for Title Guarantee and Trust Company, Executor and Trustee, respondent.
Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate, on the authority of Matter of West ( 289 N.Y. 423). No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Taking no part: THACHER, J.