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  5. 27 N.Y.2d 948 (1970)
 

MATTER OF PEABODY

27 N.Y.2d 948 (1970)

In the Matter of the Accounting of George Peabody et al., as Successor Trustees under an Indenture Made Between Emu Associates, Inc., as Grantor, and the New York Trust Company et al., as Trustees. Joseph H. Peabody, Appellant; Manufacturers Hanover Trust Company, as Sole Trustee under Indenture of Trust, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 9, 1970.

Attorney(s) appearing for the Case

Robert Sterling for appellant.

Mark J. Kronman and Carl J. Austrian for Carl J. Austrian, as guardian ad litem for infants, respondent.

Robert M. Lipton, as guardian ad litem for infants, respondent pro se.

Isaiah O. Zucker and Louis E. Fishbach for John A. Talbot, Jr., respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judge JASEN dissents and votes to modify in the following opinion in which Judge SCILEPPI concurs.

Order affirmed on the opinion at the Appellate Division, with costs to all parties appearing separately and filing separate briefs payable out of the trust.

JASEN, J. (dissenting).

In this proceeding to construe a trust instrument, I agree with the conclusion that, for the purposes of this trust, the appellant is not an issue or decedent of George Peabody. I differ, however, with the majority's interpretation of the trust instrument that the children...

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