Brief for respondent, Michael J. Montesano, trustee : in the matter of the appointment of a successor trustee under the will of Ellsworth M. Statler, deceased ; in the matter of the judicial settlement of the accounts of Alice S. Statler and Edward H. Letchworth, as trustees of the Statler Foundation, to be argued by Franklin R. Brown / State of New York, Supreme Court, Appellate Division - Fourth Dept.