In re the Estate of Vicinus

Feely, S.

Petitioning under section 205 of the Surrogate’s Court Act, the debtor’s executrix asks the court herein to compel the creditor, the respondent bank, to surrender certain securities which it had taken over in the renewing of a loan with such collateral,, to the testator; and the creditor answers that, although the note has been fully paid, the bank has the right, under the terms of the collateral note, to retain the same collateral as security for the payment of another loan made later by this bank to the testator, which was secured by his mortgage on land.

The undisputed facts are…