| NY | Jan 18, 1946
Judgment so far as appealed from affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE and MEDALIE, JJ.; LEWIS, J., dissents from so much of the decision as sustains a surcharge of $13,500, upon the ground that in the *716 circumstances disclosed by the record the remaindermen are estopped to complain of the purchase by the trustee of the second mortgage which is the basis for such surcharge; otherwise, concurs. Taking no part: THACHER, J.