In re the Final Judicial Settlement of the Account of the National Commercial Bank & Trust Co.

Van Kirk, J.:

George P. Whitney in 1890 was in the employ of the Albany City National Bank. At this time the American Surety Company of New York was surety on his bond and, on account of his infidelity to the bank, in consequence of which he was convicted and served a term of imprisonment, the surety company paid the bank the sum of $10,000. His father, Stephen W. Whitney, died in Albany county, leaving a will, in which he gave to George P. Whitney, subject to the life estate of the widow, Caroline, approximately $30,000. The widow died and a proceeding for an accounting in the estate of…