
    In the Matter of the Judicial Settlement of the Account of Proceedings of Henry L. Bogert, as Substituted Trustee for Mary E. Robson, under the Last Will and Testament of Thomas L. Bogert, Deceased.
   Decree, so far as appealed from, reversed, with costs and disbursements to the appellant payable out of the estate, and matter remitted to the Surrogate’s Court to enter a decree in accordance with the decision, on the ground that the gift over to the children of Peter and George William upon the death of Mary Eliza was a gift to a class and that the members of the class take per capita. All concur. Present — Hubbs, P. J., Clark, Sears, Crouch and Taylor, JJ.  