Index. Notice of Appeal of Defendants William Mony- peny, as Executor, etc., and another Page NEW YORK SUPREME COURT WESTCHESTER COUNTY. I BRUNSON B. MONYPENY, and WILLIAM MONY- against Plaintiffs, WILLIAM MONYPENY, Executor and, Trustee under the Last Will and Testament of William Monypeny, deceased; MARIA MONYPENY, Administratrix and Trustee, de bonis non, with the Will annexed of the Estate of William Monypeny, deceased; MARIA MONYPENY, WILLIAM MONYPENY, JR., and BESSIE M. MONYPENY, his wife; ETHEL MCG. MONYPENY, SALLIE M. BECKWITH, RICHARD L.. BECKWITH, her husband; WILLIAM M. NEWSOM, HELEN M. NEWSOM; RICHARD L. BECKWITH as Guardian of the Estate of William M. Newsom and Helen M. Newsom; PERIN B. MONYPENY and MARGARET H. MONYPENY his wife; MAYBELLE M. HUNTINGTON and B. GWYNNE HUNTINGTON her husband, ANN HUNTINGTON, FRANCES S. HUNTINGTON; ANNA A. MONY PENY; MARIE R. MONY PENY, individually and as Executrix of the Last Will and Testament of George B. Monypeny, deceased; MARGARET B. MONYPENY; WORTHINGTON E. BABCOCK as Guardian of the Estate of Brunson B. Monypeny and William Monypeny, Defendants. 2 3 4 5 Statement Under Rule 41. This action was commenced by the service of a summons and complaint on all the defendants by publication, pursuant to order there for dated December 3, 1907. The separate demurrers of the defendants William Monypeny, as Executor etc., and Maria Monypeny, as Administratrix etc., and of the defendants Maria Monypeny and others, were served on the 2nd day of March, 1908. The issue of law raised by said demurrers came on to be tried before Mr. Justice Isaac N. Mills, at Westchester Special Term, on May 16, 1908. There has been no change of parties or attorneys. Take notice that the defendants William Monypenv, as Executor and Trustee under the Last Will and Testament of William Monypeny, deceased, and Maria Monypeny, as Administratrix and Trustee, de 7 bonis non, with the Will annexed of the Estate of William Monypeny, deceased, appeal to the Appellate Division of the Supreme Court, Second Department, from the interlocutory judgment heretofore made herein and filed in the Clerk's Office of Westchester County on the 10th day of July, 1908, overruling the demurrer of the said defendants to the complaint herein and from each and every part of said interlocutory judgment. Το Dated, New York, August 8th, 1908. ALEXANDER & GREEN, Attorneys for Defendants William Office & P. O. Address, Frank M. Buck, Esq., John J. McKelvey, Esq., Plaintiffs' Attorney. 120 Broadway, Borough of Manhattan, 8 9 |