In re Empire Trust Co.

The will and the first codicil appointed two individuals and the appellant, Empire Trust Company, as “ Executors of and Trustees under this, my Last Will and Testament.” - The trust company alone is seeking double commissions in respect to certain securities set apart, the income of which was payable to the daughter of the testator, now declared to be an incompetent person. The individual executors are content with a single commission. The decree directed those named as executors and trustees to hold the balance of principal in their hands but discharged them from further liability as to all…