Opinion
March, 1915.
Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. Per Curiam: All the parties necessary to a determination of the controversy are not before the court. The proceeding must, therefore, be dismissed.
Ingraham, P.J., dissented on the ground that the plaintiff, as committee of the trustee, is entitled to the possession of the trust funds.