Judgment affirmed, with costs, on opinion of Shearn, J.,. below. Concur: His cock, Ch. J., Cuddeback, Cabdozo, Pound, McLaughlin, Crane and Andrews, JJ.
Pennington Whitehead, as Substituted Trustee under the Will of John A. Haggerty, Deceased, Respondent, v. Maria H. D. Polk et al., Respondents, and Grosvenor S. Hubbard, as Trustee under the Will of John A. Haggerty, Deceased, Appellant
223 N.Y. 725
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