In re the Construction of the Will of Church

Hazleton, S.

In this construction proceeding the New York Trust Company as executor of the will of the late Elihu Dwight Church prays for a determination anent certain legacies left Helen C. Minton, daughter of decedent, and her husband, both of whom were jointly indebted to decedent at his death in the sum of $40,000 evidenced by a bond and a mortgage which was a lien upon property of the debtors. This bond and mortgage had been acquired by the decedent by way of assignment in June, 1933. Decedent held this obligation when he died in 1953, and it is uncontradicted he never had demanded or…