
    In the Matter of the Application of Angela S. Morgan, as Guardian of Lewis McC. Herzog, Jr., an Infant, for an Order Directing United States Trust Company of New York, as Trustee, to Make Payments of Income Pursuant to the Provisions of the Trust and for a Construction Thereof. In the Matter of the Application of Angela S. Morgan, as Guardian of Angela R. Herzog, an Infant, for an Order Directing United States Trust Company of New York, as Trustee, to Make Payments of Income Pursuant to the Provisions of the Trust and for a Construction Thereof. Angela S, Morgan, Respondent; Lewis McC. Herzog, Sr., Appellant; Seymour Graubard, as Guardian ad Litem for Lewis McC. Herzog, Jr., and Another, Third Party Respondents.
   Order affirmed, with $20 costs and disbursements to the respondents, with leave to the appellant to answer the third cause of action within ten days after service of the order, with notice of entry thereof, on payment of said costs. Ho opinion. Present — Martin, P. J., Glennon, Dore, Cohn and Van Voorhis, JJ.; Martin, P. J., dissents and votes to reverse and grant the motion to dismiss the third cause of action. [See post, p. 1010.]  