
    Second Department,
    March, 1941.
    (March 3, 1941.)
    In the Matter of the Judicial Settlement of the Final Account of Proceedings of Irving Trust Company and Robert T. Sheldon (Appointed by the New York Supreme Court, County of Kings, to Execute, as Trustees, the Remaining and Unexecuted Trusts Created under the Last Will and Testament of Joseph Battell, Deceased), as Trustees of the Trust for Ellen B. Stoeckel under the Will of Joseph Battell, Deceased. Irving Trust Company, as Trustee of the Trust for Ellen B. Stoeckel under the Will of Joseph Battell, Deceased, Petitioner; Rosa E. Tuttle, Respondent; Winifred M. Sheldon, as Executrix, etc., of Robert T. Sheldon, Deceased, and Others, Appellants.
   The motion is referred to the court that rendered the decision. [See ante, p. 120.] Present — Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ. Motion for reargument denied, without costs. Od the court’s own motion the opinion herein is amended by striking from the eighth paragraph (ante, p. 123), the words “ because this inheritance is one ’’.and substituting in place thereof the words “ as though it were an inheritance.” Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.  