In re the Accounting of the Marine Midland Trust Co. , 329 N.Y.S.2d 322 ( 1972 )

Order affirmed on the opinion at the Appellate Division, with costs to all parties appearing separately and filing separate briefs payable out of the estate.

Concur: Chief Judge Fuld and Judges Burke, Breitel and Jasen. Judges Scileppi, Bergan and Gibson dissent and vote to modify and reinstate the decree of the Surrogate’s Court on the Surrogate’s opinion.