Opinion
Argued April 25, 1962
Decided May 10, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, W. VINCENT GRADY, S.
Monroe J. Cahn and Charles A. Butts for income beneficiaries and adult competent remaindermen, appellants.
Alexander C. Dow, special guardian for Julian V. Marshall, an incompetent, and Kimball Overholt and others, infants, appellant.
E. Sheldon Stewart and William Imhof for United States Trust Company of New York, respondent.
No appearance for Attorney-General, respondent.
Order of Appellate Division reversed and decree of the Surrogate's Court reinstated, with costs to all parties appearing separately and filing separate briefs payable out of the trust estate ( Matter of Burrows, 3 N.Y.2d 869; Matter of Smathers, 309 N.Y. 487). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.