Opinion
Argued March 1, 1940
Decided April 9, 1940
Appeal from the Supreme Court, Appellate Division, Third Department.
Israel D. Deyo for appellants.
Henry G. Seipp and John S. Sheppard for Vanderpoel Adriance, Jr., as trustee under the will of John S. Adriance, deceased, amicus curiae. John J. Bennett, Jr., Attorney-General ( Joseph M. Mesnig of counsel), for respondents.
Orders modified by providing for a refund to appellants of the sum of $451.30, with interest thereon from February 14, 1938, and, as so modified, affirmed, with costs. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.