In re the Estate of Middlebrook (256 A.D. 931, 1939)

Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Did the Supreme Court have the power to impose the terms embodied in the order of August 26,1938, as a condition to the surety’s discharge? [See 255 App. Div. 1021.] Present — Lazansky, P. J., Hagarty, Davis and Adel, JJ.; Taylor, J., not voting.