
    In the Matter of the Application of Irving Trust Company, as Substituted Trustee, etc., of Frederic K. Agate, Deceased, for Instructions as to Making Investments of Trust Funds as to the Validity, Construction or Effect of the Will of the Said Decedent with Respect Thereto. Mary Virginia Smith, an Incompetent Person, and Others. Irving Trust Company and Another.
   Motion for leave to appeal to the Court of Appeals granted. Settle order on notice. Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ. [See 242 App. Div. 811.]  