In re the Estate of Maroney

Decree unanimously reversed on the law, without costs of this appeal to any party, and matter remitted to Erie County Surrogate’s Court for further proceedings in accordance with the memorandum. Memorandum: In *679a proceeding for judicial settlement of the accounts of trustees under decedent’s will in which no citation was served on infant children of a deceased beneficiary and in which no account was filed and no construction of the will was sought, the Surrogate rendered a decree which adjudged that the construction and effect of decedent’s will is that the remainder of the trust property held…