Dench's Estate

Waite, P. J.,

— This matter comes before the court on a petition of F. R. Simmons and Sarah Leonbacher, praying the court to make an *697order requiring Lucy J. Dench, executrix of the estate of C. R. Dench, to pay to the petitioners the amount of a trust fund held by the said decedent, under an agreement between said decedent and the petitioners, dated June 2, 1931, wherein the said decedent agreed that certain moneys, amounting to $3200, were received in adjustment of a fire loss upon a building on land owned by said Sarah Leonbacher, and upon which said property said F. R. Simmons held a…