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MATTER OF WELLS

36 A.D.2d 471 (1971)

In the Matter of the Accounting of The Marine Midland Trust Company of Rochester, as Executor of and Trustee under The Will of Frank Wells, Deceased, Appellant-Respondent. Lewis A. Wells et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 20, 1971.

Attorney(s) appearing for the Case

Johnson, Reif & Mullan (Byron Johnson and George A. Schell of counsel), for appellant-respondent.

Harris, Carroll & Creary (Charles M. Carroll of counsel), for Lewis A. Wells and others, respondents-appellants.

Whitbeck & Holloran (Vito J. Cassan of counsel), for Ruth Musfeldt and others, respondents-appellants.

Dean J. Fero for Doris Gruschow, respondent-appellant.

J. Paul Brennan (William Centner of counsel), guardian ad litem for infants, respondents-appellants.

DEL VECCHIO, J. P., MARSH, WITMER and CARDAMONE, JJ., concur.

GABRIELLI, J.

The resolution of these cross appeals involves a construction of decedent's will, a determination whether certain farming operations were being conducted by decedent in partnership with his three sons, and the status of title to three farms.

Frank Wells died on March 10, 1969 and was survived by three sons and five daughters. By his will executed on September 13, 1968 he devised and bequeathed...

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