Opinion
Argued April 15, 1947
Decided May 15, 1947
Appeal from the Supreme Court, Appellate Division, Third Department, BARNES, S.
Edward H. O'Connor, Jr., for appellants.
David F. Lee, Jr., for respondent.
Appeal by trustee dismissed upon the ground that it does not appear that he is a party aggrieved (Civ. Prac. Act, § 557; Matter of Chapal, 278 N.Y. 495, 496) or that on this appeal he represents the interests of remaindermen. ( Matter of Thompson, 279 N.Y. 131, 136-137.) Otherwise, order of Appellate Division affirmed, without costs.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.