In re Edward Misch Co.'s Estate

O’BRIEN, District Judge.

Petitioner sought before the Referee in Bankruptcy to háve certain moneys in the hands of the Trustee declared to be a trust fund for the benefit of petitioner. The Referee, in an Order dated September 26, 1938, denied such contention- but provided that petitioner’s proof of claim be considered a general claim. The matter is before this Court on review.

The facts are not in dispute, and their appearance in full in the Referee’s certificate, obviates any necessity for repetition herein.

Petitioner’s contention that Act 259 of Michigan Public Acts of 1931 affords it the…