Opinion
Argued January 10, 1928
Decided January 20, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Joseph Lorenz and John F.X. Finn for appellants.
Maximilian Moss and Jackson A. Dykman for respondent.
Order affirmed, with costs, question certified answered in the negative; no opinion.
Concur: CRANE, ANDREWS and O'BRIEN, JJ.; CARDOZO, Ch. J., POUND, LEHMAN and KELLOGG, JJ., concur upon the ground that the declaration of trust pleaded in the complaint does not create an interest in favor of the cestuis que trust in advance of recovery or collection by the trustee.