INDEX PAGE Statement Under Rule 234..... 1 Stipulation and Agreement of Submission Under Sections 546 and 547 of the Civil 3 Petition on Accounting and for Construction of Trust Agreement and Will, and Copy 12 Affidavit of One of the Interested Parties.. 64 Stipulation Waiving Certification.... 65 New York Supreme Court 1 APPELLATE DIVISION—FIRST DEPARTMENT THE HANOVER BANK, as Trustee under an Agree ment made by Tessie A. Cohn and James A. Cole dated April 28, 1931, Petitioner, against JAMES A. COLE, ELEANOR S. COLE, PAMELA COLE, MONROE PERCY Bloch and JAMES A. COLE, as Respondents. 2 Statement Under Rule 234. 3 This proceeding under Sections 546 and 547 of the Civil Practice Act was commenced by the filing in the Office of the Clerk of the County of New York, on September 30th, 1958, Index number 13.086 of a petition for the judicial settlement of the second and final account of the petitioner as Trustee and for construction as to whether or not the power of appointment contined in the will of Tessie A. Cohn was valid. The second and final account of The Hanover Bank, as Trustee, was filed with the said foregoing petition on the same day in the Office of the Clerk of the County of New York. On the same day, a Stipulation and Agreement of Submission under Sections 546 and 547 of the Civil Practice Act and a Statement of Agreed Facts was likewise duly filed in the Office of the Clerk of the County of New York together with 4 Statement Under Rule 234 5 an Affidavit of one of the parties that the controversy submitted is real and bona fide and is made in absolute good faith for the purpose of obtaining a final determination of the rights of the parties hereto pursuant to the agreement in dispute. The respondents James A. Cole, Eleanor S. Cole, Monroe Percy Bloch and James A. Cole, as Executor of the Last Will and Testament of Tessie A. Cohn, duly appeared in person and waived service of all papers in the said proceeding except the final judgment. The said Notices of Appearance were duly filed in the Office of the Clerk of the County of New York on the 30th day of September, 1958. The respondent Pamela Cole duly appeared herein by Hess Mela Segall Popkin & Guterman, Esqs. on September 17, 1958. The said Notice of Appearance was duly filed in the office of the Clerk of the County of New York on the 30th day of September, 1958. There have been no changes of parties or attorneys. The Agreement of Submission, approves the Trustee's Second and Final Account, and raises no question as to the correctness of said Account. 6 |