160 161 Last Will and Testament of Fredric W. Jenkins. We, whose names are hereto subscribed, do certify that on the day and year above written, the testator above named, subscribed his name to this instrument, which is written upon six sheets besides this one (each of said sheets being identified by the signature of the testator subscribed thereto) in our presence and in the presence of each of us, and at the same time in our presence and hearing he declared the same to be his last Will and Testament and requested us and each of us to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, and write opposite our names our respective places of residence. Martin W. Deyo Benjamin B. Pouser Hilda F. Bailey residing at Binghamton, N. Y. residing at Endicott, N. Y. residing at Binghamton, N. Y. Affidavit of No Opinion. City, County and State of New York, ss.: JOHN M. BACHMANN, JR., being duly sworn deposes and says, that he is associated with the firm of Paskus, Gordon & Hyman, the attorneys for the appellants herein, and is familiar with the facts and proceedings herein, that no opinion was rendered by the Court below in the rendition of the decree herein except as is contained in the foregoing decision. Sworn to before me this JOHN M. BACHMANN, JR. t day of April, 1937. JEANNE C. DUKE Com New York County! 163 164 166 167 I, FRANCIS V. V. LEARY, Clerk of the Surrogate's Court in and for the said county, do hereby certify that the foregoing consists of certified copies of the notice of appeal herein, the decree appealed from, and the papers on which the Court below acted in making said decree. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal this 2 of April, 1937, A. D. day FRANCIS V. V. LEARY, Clerk. [16388] To be argued by CHARLES H. LIEB Supreme Court OF THE STATE OF NEW YORK APPELLATE DIVISION-THIRD DEPARTMENT IN THE MATTER The Petition of First National Bank of Binghamton, as Administrator with the Will Annexed of Frederic W. Jenkins, and as Trustee thereunder, for the construction of the Will of FREDRIC W. JENKINS, Deceased. DOROTHY CROUCH HARRIS, individually and as Administratrix of the Estate of Mary R. Jenkins, PHYLLIS A. CROUCH, MARY CROUCH DAWE, DAVID R. CROUCH and FRANKLIN B. CROUCH, Appellants, FIRST NATIONAL BANK OF BINGHAMTON, as Administrator with the Will Annexed of Fredric W. Jenkins and as Trustee thereunder, Respondent. APPELLANTS' POINTS Statement This is an appeal from that portion of a decree of the Surrogate of Broome County which determines that the bequest expressed in clause "Third", subdivision "(A)", lapsed and that the appellants have no right thereto. The decree was rendered after hearings before Surrogate BENJAMIN BAKER and entered in the office of the Surrogate of the County of Broome on the 6th day of January, 1937 (R., pp. 5-13). The decision upon which the decree was entered was handed down on the 18th day of December, 1936 and is printed in the record at pages 33 to 40, inclusive. The proceeding was commenced by the petitioner, First National Bank of Binghamton, as Administrator with the Will annexed of Fredric W. Jenkins and as Trustee thereunder, by the filing of a petition in the Surrogate's Court, Broome County, seeking among other things the construction of certain provisions of the Will of Fredric W. Jenkins, deceased (R., pp. 13-24), and the issuance and service of a citation thereon directed to all of the parties interested (R., pp. 25, 26). The appellants, Dorothy Crouch Harris, Phyllis A. Crouch, Mary Crouch Dawe and David R. Crouch joined in the interposition of one answer (R., pp. 27, 28), and the appellant, Franklin B. Crouch, interposed an answer in his own behalf (R., pp. 29, 30), in which answers, among other things, it was alleged that either the heirs of Mary R. Jenkins are or the Administratrix of her estate is entitled to receive payment of the bequest expressed in subdivision "(A)" of clause "Third" of the Last Will and Testament of Fredric W. Jenkins. Notice of appeal from the above mentioned part of the decree of the Surrogate was duly served and filed in behalf of the appellants herein and appears in the record at pages 3 and 4. |