| NY | Dec 18, 1908

Judgment reversed and judgment ordered for the plaintiffs that the power to apply portions of the principal of the estate to the use of the plaintiff Alice L.S. Smith passed to and is vested in the substituted trustee, with costs to all parties payable out of the estate, on opinion of INGRAHAM, J., below.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, VANN, WILLARD BARTLETT and HISCOCK, JJ. Absent: WERNER, J.

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