
    Gustav Erbe, Jr., Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Respondents, v. Lincoln Rochester Trust Company, Individually and as Executor and Trustee under the Will of Gustav Erbe, Deceased, et al., Appellants.
    Argued January 23, 1962;
    decided February 22, 1962.
    
      William H, Morris, Leonard S. Zartman and Frederick W. McNabb, Jr., for Lincoln Rochester Trust Company, appellant.
    
      Wallace J. Wolf, Jr., for the estate of Thomas R. Baker, deceased, and others, appellants.
    
      Matthew J. Shevlin for respondents.
   Concur: Chief Judge Desmond and Judges Dye, Fuld, Feoessel, Van Voorhis, Burke and Foster.  