Order affirmed, with costs, question certified answered in the negative; no opinion.

*552 Concur: Crane, Andrews and O’Brien, JJ.; Cardozo, Ch. J., Pound, Lehman and Kellogg, JJ., concur upon the ground that the declaration of trust pleaded in the complaint does not create an interest in favor of the cestuis que trust in advance of recovery or collection by the trustee.