In re the Accounting of Thorne

Order affirmed, with $20 costs and disbursements to the parties appearing and filing briefs, payable out of the trust fund. Concur — Botein, P. J., M. M. Frank and Bastow, JJ.; Breitel and McNally, JJ., dissent in part in the following memorandum. We, agreeing in part with the majority of this court, do not find in the will of the donee either expressly or by necessary implication the intent not to exercise the power of appointment. The learned court below properly held that the bequest of the residuary estate to the donee’s son contained in the last will and testament of the donee carried…