Order affirmed, with costs, and question certified answered in the affirmative on memoranda of Burr, J., below. Concur: Werner, Hiscook, Chase, Collin, Hogan, Miller and Cardozo, JJ.
Madeline M. Duck et al., Respondents, v. Robert H. McGrath et al., Defendants, and Brooklyn Trust Company, as Trustee under the Will of Leffert L. Bergen, Deceased, Appellant
212 N.Y. 601
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