
    In the Matter of the Accounting of Shelton E. Martin et al., as Executors of Victor R. Mildeberger, Deceased, Respondents. Edward R. Ware et al., Appellants; Marguerite J. de Sabla, Respondent.
    
      Will — construction of conflicting provisions as to disposition of certain shares of stock.
    
    
      Matter of Mildeberger, 212 App. Div. 727, affirmed.
    (Argued October 7, 1925;
    decided October 27, 1925.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1925, which affirmed a decree of the Greene County Court judicially settling the accounts of the executors of and construing the will of Victor R. Mildeberger, deceased. The question was whether certain shares of stock, which had formed a part of a trust fund for the benefit of testator, passed under a provision in his will giving “ all my cash and securities ” to designated persons or whether they passed under another provision of the will disposing of all of his right, title and interest in and to" said trust.
    
      J. Sheldon Frost, Newton B. Cass and Levi S. Tenney for appellants.
    
      Henry F. Miller for executors, respondents.
    
      John L. Fray for Marguerite J. de Sabla, respondent.
   Order affirmed, with costs to respondents filing briefs payable out of estate; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: Cardozo, J.  