70 71 72 Petition. any disposition of property contained in said Will, and particularly those provisions thereof set forth in the "Ninth" paragraph of this Petition; and judicially determining that none of the heirsat-law and next of kin of Mary R. Jenkins, deceased, nor the Administratrix of her estate above named, has any right, title or interest in the estate of said Fredric W. Jenkins, deceased, or any part thereof, whether under the provisions of said Will or otherwise; and for such other and further relief as the Court may deem just and proper in the premises. That no previous application has been made for the relief herein asked for. Dated, Binghamton, N. Y., October 8th, 1936. FIRST NATIONAL BANK OF BINGHAMTON, Trust Officer. (Verified by James A. Rumsey on October 9, 1936.) Citation. 73 THE PEOPLE OF THE STATE OF NEW YORK: To: Ethel J. Leighton Ruth J. Stowell Dorothy Crouch Harris, individually and as Phyllis A. Crouch Mary Crouch Dawe Franklin B. Crouch David R. Crouch Edward Leighton James Vinton Stowell, Jr. Mary Elizabeth Stowell Jean Stowell persons interested in a determination as to the validity, construction and effect of the disposition of property contained in the Will of Fredric W. Jenkins, late of the City of Binghamton, New York, deceased, as next of kin, distributees, or otherwise. YOU AND EACH OF YOU ARE HEREBY CITED to show cause before the Surrogate of the County of Broome, at the Surrogate's Office in the City of Binghamton, County of Broome, State of New York, on the 29th day of October, 1936, at ten o'clock in the forenoon of that day, why a Decree should not be made determining the validity, construction and effect of any disposition of property contained in said Will, and particularly those portions thereof contained in subdivision (A) and subdivision (B) of the Third provision of said Will, that portion thereof contained in the first paragraph of the Twelfth provision of said Will, 74 75 76 77 Citation. and that portion thereof contained in the Seventeenth provision of said Will, and judicially determining that neither the heirs-at-law and next of kin of Mary R. Jenkins, deceased, to wit: Dorothy Crouch Harris, Phyllis A. Crouch, Mary Crouch Dawe, Franklin B. Crouch and David R. Crouch, nor Dorothy Crouch Harris as Administratrix of the estate of Mary R. Jenkins, deceased, has any right, title or interest in and to the estate of Fredric W. Jenkins, deceased, or any part thereof, whether under the provisions of said Will or otherwise; and why the Court should not make a further Decree granting such other and further relief as the Court may deem just and proper in the premises. And if any of the persons interested are under the age of twenty-one years, they are notified to appear by their guardian, if they have one; and if they have none they are each notified to appear and apply for one to be appointed, or show cause why one should not be appointed; or in event of their neglect or failure to do so, a special guardian will be appointed by the Surrogate, to represent 78 and act for them in this proceeding. L. S. IN TESTIMONY WHEREOF, we have caused the seal of our said Surrogate's Court for the County of Broome, to be hereunto affixed. WITNESS, Hon. BENJAMIN BAKER, Surrogate of the County of Broome, at the City of Binghamton, in said County, the 9th day of October, 1936. FRANCIS V. V. LEARY, Clerk of the Surrogate's Court. Answer of Dorothy Crouch Harris, Phyllis A. 79 Crouch, Mary Crouch Dawe and David R. Crouch. SURROGATE'S COURT, BROOME COUNTY. [SAME TITLE] Dorothy Crouch Harris, individually and as administratrix of the Estate of Mary R. Jenkins, deceased, Phyllis A. Crouch, Mary Crouch Dawe and David R. Crouch, answering the petition herein: I. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs or subdivisions of the petition herein designated Third, Fourth, Fifth and Sixth. II. Allege that the trusts created in and by subdivision (B) of clause Third of the last will and testament of Fredric W. Jenkins, deceased, and in and by clause Seventeenth of said will, are illegal and invalid; that the testator died intestate as to the corpus of said trusts and the estate of Mary R. Jenkins is entitled to receive one third of the corpus of said trusts, if it be determined that she survived the testator. III. Allege that either the heirs of Mary R. Jenkins, deceased, are or the administratrix of her estate is entitled to receive payment of the bequest contained in subdivision (A) of clause Third of said last will and testament, depending upon the determination as to whether said Mary R. Jenkins survived the testator. 80 81 82 83 Answer of Dorothy Crouch Harris, Phyllis A. WHEREFORE, your respondents pray that a decree be made determining the validity, construction and effect of clauses Third and Seventeenth of the last will and testament of said Fredric W. Jenkins, deceased, and judicially determining the right, title or interest of the heirs at law and next of kin of Mary R. Jenkins, deceased, and of the administratrix of her estate in the estate of said Fredric W. Jenkins, deceased, or any part thereof whether under the provisions of said will or otherwise; and for such other and further relief in the premises as to the Court may seem just and proper. PASKUS, GORDON & HYMAN, Attorneys for Respondents, Dorothy Crouch Harris, individually and as administratrix of the Estate of Mary R. Jenkins, deceased, Phyllis A. Crouch, Mary Crouch Dawe, David R. Crouch, Office and P. O. Address, 84 2 Rector Street, Borough of Manhattan, City of New York. (Verified by Dorothy Crouch Harris, Phyllis A. Crouch and Mary Crouch Dawe on November 2, 1936.) |