Manufacturers Trust Co. v. United States Mortgage & Trust Co.

Per Curiam :

We agree with the conclusions of Mr. Justice Hagarty in his opinion (122 Misc. 726) filed on granting defendant’s motion for the direction of a verdict. In addition to the failure of the plaintiffs to make but a case against the depository in the particulars referred to in the opinion pf the learned trial justice, we are impressed with the absence of explanation by plaintiffs of their apparent failure to take any proceedings to vacate the probate proceedings by which the alleged will of the decedent was certified as valid and letters testamentary issued to the persons represented…