Opinion
Argued April 28, 1936
Decided May 19, 1936
Appeal from the Supreme Court, Appellate Division, First Department.
John W. Davis, Otis T. Bradley, Edward J. Willi, Cecil L. Head and Thomas G. Chamberlain for Muriel McC. Hubbard, appellant.
Martin Taylor and Joseph F. Hunter for Chicago Title and Trust Company, as executor of Edith R. McCormick, deceased, appellant.
Edwin A. Falk, Henry Gale and Samuel E. Hirsch for Maurice B. Rissman et al., as cotrustees, et al., appellants.
Harrison Tweed, John E. Mack, Eugene Congleton, Chauncey Belknap, Wilber Stammler and Thomas M. Debevoise for respondents.
Judgment affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the fund. We do not pass upon the question as to whether the agreement entered into between Mrs. McCormick, her father and the trustee had the effect of modifying the power of appointment contained in the trust agreement. No opinion. (See 271 N.Y. 659.)
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, CROUCH, LOUGHRAN and FINCH, JJ. HUBBS, J., taking no part.