Opinion
Argued May 19, 1954
Decided July 14, 1954
Appeal from the Supreme Court, Appellate Division, First Department, HAMMER, J.
Arthur H. Beyer for appellant.
Asbury Hayne de Yampert and Charles Sims Farr for respondent.
Order affirmed, with costs to respondent payable out of the trust fund; no opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ. FULD and VAN VOORHIS, JJ., dissent and vote to reverse and to reinstate the order of Special Term on the authority of Matter of Coyle ( 305 N.Y. 809), and Doctor v. Hughes ( 225 N.Y. 305).