In re the Judicial Settlement of the Accounts of Maguire

Lewis, J. (dissenting in part).

I am not in accord with the decision about to be made in so far as it disapproves the items surcharged.against the trustee by reason of his failure in 1925 to divide equitably between Gertrude H. Blodgett and the Gertrude H. Blodgett trust the cash and securities comprising the corpus of the Harry. C. Blodgett trust.

Upon the death of the testatrix’s son, Harry C. Blodgett, the trust created in his favor terminated. (Real Prop. Law, § 109, made applicable to personal property by Pers. Prop. Law, § 11: *333Matter of Thomas, 228 App. Div. 203, 207; revd. on other…