Supreme Court APPELLATE DIVISION-THIRD DEPARTMENT. IN THE MATTER The Petition of First National Bank of Binghamton, as Administrator with the Will Annexed of Fredric W. Jenkins, and as Trustee thereunder, for the construction of the Will of FREDRIC W. JENKINS, Deceased. DOROTHY CROUCH HARRIS, individually and as ad- Appellants FIRST NATIONAL BANK OF BINGHAMTON, as administrator with the will annexed of Fredric W. Jenkins and as Trustee thereunder, Respondent. 1 2 Statement Under Rule 234. This proceeding was commenced by the filing of a petition in the Surrogate's Court, Broome County, and the issuance of a citation thereon directed to all the parties interested, and the service of such citation on all of said parties on or before the 30th day of October, 1936. The petitioner, First National Bank of Binghamton, as Administrator with the Will Annexed of Fredric W. Jenkins, and as Trustee thereunder, appeared herein by Jenkins, Deyo & Hitchcock, Esqs. The infants, Edward Leighton, James Vinton Stowell, Jr., Mary Elizabeth Stowell and James Stowell, and possible unborn children, appeared by their Special Guardian, G. Mead Willsey, Esq. 3 4 5 Statement Under Rule 234. The respondents, Dorothy Crouch Harris, individually and as Administratrix of the Estate of Mary R. Jenkins, Phyllis A. Crouch, Mary Crouch Dawe and David R. Crouch, appeared by Paskus, Gordon & Hyman, Esqs., and the respondent, Franklin B. Crouch, appeared by Joseph Haskell, Esq. The answers of said respondents were served on or about November 6, 1936. Decree of the Surrogate was entered herein on the 6th day of January, 1937. The appellants appeal from that portion of said decree which determines that the bequest of $15,000.00 contained in the "Third" paragraph of the Will of the testator lapsed and that they have no right, title or interest in the estate of said decedent under the provisions of said Will. There has been no change of parties or attorneys. PLEASE TAKE NOTICE that Dorothy Crouch Harris, individually and as administratrix of the Estate of Mary R. Jenkins, deceased, Phyllis A. Crouch, Mary Crouch Dawe, David R. Crouch and Franklin B. Crouch, hereby appeal to the Appellate Division of the Supreme Court, Third Judicial Department, from that part and so much of the decree entered herein in the office of the Surrogate of the County of Broome on the 6th day of January, 1937, as adjudges that the bequest of $15,000.00 to Mary R. Jenkins "to her and her heirs forever", contained in the third paragraph of the Will of Fredric W. Jenkins, deceased, lapsed and became a part of the residuary estate of the testator, and that the above-named 9 |