
    Bank of Manhattan Trust Company, Successor by Merger to the American Trust Company, as Substituted Trustee under the Last Will and Testament of Thomas H. Smith, Deceased, Respondent, v. Louis F. Wagner and Minnie Wagner, Appellants.
   Judgment unammously affirmed, with costs. No opimon. Present — Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ.  