Judgment affirmed, with costs payable out of the estate, on the opinion of Scott, J., below. Motion to dismiss appeal denied, with out costs. Concur: Cullen, Ch. J., Werner, Willard Bartlett, Chase, Collin, Cuddebaoic and Hogan, JJ.
Hattie G. Frankel, Individually and as Executrix of and Trustee under the Will of Simon Frankel, Deceased, Respondent, v. The Farmers Loan and Trust Company, as Executor of and Trustee under the Will of Simon Frankel, Deceased, Appellant, and Charlotte Frankel et al., Respondents
209 N.Y. 553
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