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In the Matter of the Accounting of THE FARMERS' LOAN AND TRUST COMPANY, as Temporary Administrator of the Estate of CAROLINE A. BRUNDAGE, Deceased, and of NATHAN A. SEAGLE et al., as Executors of and Trustees under the Will of Said Deceased, Respondents. WILLIAM H. YOUNG et al., Appellants.

Per Curiam.

It is unnecessary at this time to decide whether the practical operation of the general plan of distribution of the remainder of the trusts created by the seventh clause of the will which was adopted by the surrogate may unlawfully suspend the power of alienation. Contingencies that may never arise need not now be considered. The order and decree should be modified by striking out the general directions in relation to the future disposition of such trust funds upon the death of the life beneficiaries other than Mary E. Taylor, deceased, and, as so modified affirmed, with one bill of costs to each set of parties appearing on the argument herein by separate counsel, payable out of the estate.

HISCOCK, Ch. J., COLLIN, CUDDEBACK, CARDOZO, POUND, CRANE and ANDREWS, JJ., concur.

Ordered accordingly.

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MATTER OF FARMERS' LOAN AND TRUST COMPANY
(Jun 3, 1919)