
    Joseph Gallagher, as Committee of the Estate, Real and Personal, of Charles Pelsoczy, an Incompetent Person, Plaintiff, v. The American Savings Bank, Defendant.
    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. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Ingraham, P. J., dissented on the ground that the plaintiff, as committee of the trustee, is entitled to the possession of the trust funds.  