TANNENBAUM v. SEACOAST TRUST CO

The Court of Chancery would have jurisdiction to try and determine in summary proceedings in this cause questions as to liens, rights and interest with regard to property actually or constructively in the ownership, possession, custody or control of the trustee, the court already having taken jurisdiction over the trust estate in question under the original bill filed herein. But unless and until property has become in custodia legis, such questions can only be entertained by plenary suit commenced by bill.

PER CURIAM.

The order appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Buchanan in the Court of Chancery.

For affirmance — THE CHIEF-JUSTICE, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 12.

For reversal — None.

For counsel fees and costs — THE CHIEF-JUSTICE, HEHER, WELLS, JJ. 3.