Majority
p. 941(November 18, 1940.) The Chase National Bank of the City of New York (Successor to Interstate Trust Company by Merger and Consolidation), as Trustee of the Trust Created by Deed of Trust of James Speyer Dated February 15, 1923, Plaintiff, Respondent, v. Giulio von Kageneck, Individually and as One of the Heirs, if Such He Be, of Marie Schwabach von Kageneck, Deceased, and Others, Appellants, and Others, Defendants; William F. Bleakley, as Guardian ad Litem, etc., and Another, Defendants, Respondents.
Motion to vacate stay granted. The guardian ad litem having resigned, the legality of his appointment is now a moot question and is no longer before the court. The stay, however, is vacated without prejudice to the right of the succeeding guardian ad litem, when appointed, to reopen the hearings before the referee and to take such steps as he may be advised are necessary to protect the rights and interests of the infants he represents. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ. [See post, p. 942.]