
    In the Matter of the Judicial Settlement of United States Trust Company of New York, as Trustee under the Will of Sarah D. Gardiner, Deceased. Robert D. L. Gardiner, Appellant; Alexandra G. Creel et al., Respondents.
   Final decree, Surrogate’s Court, New York County, entered on July 25, 1980, unanimously affirmed, without costs and without disbursements. We do not pass upon the rights of the parties in the event of the death of respondent-respondent Alexandra Gardiner Creel leaving appellant Robert D. L. Gardiner surviving. No opinion. Concur —Ross, J. P., Silverman, Yesawich and Carro, JJ; Lupiano, J., would affirm for the reasons stated by Lambert, S.  