
    Bank of New York and Trust Company, as Trustee under the Will of Jonathan T. Gardiner, Deceased, Appellant, v. Ida L. Gardiner et al., as Executors of Lion Gardiner, Deceased, Respondents.
    Argued January 11, 1939;
    decided February 21, 1939.
    
      
      George W. Martin and Robert N. Errington for appellant.
    
      John S. V. Kilmartin and Harry G. Stephens for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran and Rippey, JJ. Dissenting: Finch, J.  