Page 9 44-128 3 13 134-135 33-40 40 Answer 43 136 45-62 129-133 144 2 .. 99 104 76 Plaintiffs' Witnesses: Cross Cross Recalled Cross 87 107 63 66 115 119 126 126 Defendant's Witnesses: Cross 110 109 111 115 113 114 3 Action commenced April 20, 1914. ELLIS J. STALEY, Albany, N. Y. Malone, N. Y. : SUMMONS. STATE OF NEW YORK, Supreme Court, 4 GEORGE L. NICHOLS and AL BFRT G. MILBANK, as Ex- Plaintiffs, against JOHN P. KELLAS, Defendant. 6 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within twenty days after the service of this summons, exclusive of the date of service; and, in case of your failure to appear or answer, judgment will be taken against you by default, fro the relief demanded in the complaint. Trial to be held in the County of Franklin. ELLIS J. STAELY, Plaintiff's Attorney, Tweddle Building, Albany, N. Y 8 The plaintiffs above named, by Ellis J. Staley, their attorney, complaining of the defendant, allege as follows: FIRST. That on or about the 23rd day of May, 1912, Albert J. Milbank, a resident of the County of New York, State of New York, died leaving a last will and testament, in and by which the plaintiffs were duly nominated and appointed executors and trustees, and that thereafter and on or about the 4th day of June, 1912, said will was duly admitted to probate by the Surrogate of the County of New York, and letters testamentary upon said will were thereafter duly issu. 9 ed and granted by said Surrogate to plaintiffs as executors, and that plaintiffs thereupon duly qualified as such executors and trustees, and have ever since been and now are acting as such executors and trustees under and pursuant to the powers and authority conferred by the said letters testamentary and by the said |