Majority
p. 861Erdine Cobb, Respondent, v. The Gramatan National Bank & Trust Company of Bronxville, as Trustee under a Certain Deed of Trust Executed by Mary S. Young on February 21, 1931, Appellant, and Others, Defendants.
p. 862
Motion for leave to appeal to the Court of Appeals granted [see 261 App. Div. 1086 ; 262 id. 745] and the following question certified; Was the corporate defendant, as trustee, properly surcharged with the amount of the mortgage certificate in which it invested the entire corpus of the trust estate? Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.