Judgment of Appellate Division modified by providing that the costs of the judgment of the Special Term be against appellant Ball, as trustee, and as modified affirmed, without costs in this court to either party, on the ground that there is no appeal taken from the provision of the judgment of the Special Term that the costs should be recovered against the trustee as such; no opinion.

Concur: Cullen, Ch. J., Willard Bartlett, Hiscock, Chase, Cuddeback, Hogan and Miller, JJ.