City collector out of the awards made for the above numbered
Damage Parcels all of the taxes adn penalties thereon which
total the sum of $ 12, 153.57, leaving a balance due to the
credit of Damage Parcels NOs. 1,2,and 3 in the sum of $3,
046.43.
 
      Sixth: That your petitioners, JOhn M. Hackett and
Bankers Trust Company, as Executors of the Estate of James R.
Roosevelt, deceased, Franklin Delano Roosevelt and the
Trustees of the TRust created for the benefit of Sarah D.
Roosevelt under the Last will and Testament of James
Roosevelt, are entitled to 26 2/3% of the awards made for
Damage Parcels Nos. 1,2, and 3 herein, together with lawful
interest thereon by virtue of the following facts:
 
         a. Deed made by Eliza M .Leavitt to James
Roosevelt, dated the 26th day of November, 1877 and recorded in
the office of the Register of Queens County on hte 1st day
of December, 1877 in Liber 516 of Conveyances, at PAge 21.
 
        b. James R. Roosevelt died and his will was duly
admitted  to probate in the surrogate's court of Dutchess
County on  the 22nd day of Decembe, 1900 and is recorded
in Liber 15 of Willis, at Page 303 and by the sicth clause therof,
1/3 of all of the property of said James Roosevelt was devised
to his son, James R. Roosevelt, 1/3 to Franklin D.Roosevelt,
upon his attaining 21 years of age and 1/3 to the Executors and
Trustees for the benefit of his widow, Sarah D. Roosevelt.
 
        c. James R. Roosevelt died on the 7th day of May,
1927 and his will was duly admitted to probate in the
Surrogate's Court of Dutchess COunty and Letters
Testamentary were issued to John M. Hackett and Bankers Trust
Company, your petitioners herein, and they are duly qualified
adn still acting as such Executors.
 
     Seventh: That by reason of all of the above, title of
the parties hereto in and to the 23 2/3% of the awards and
lawful interest is one-third (1/3) thereof your petitioners,
as Executors of the Estate of James R.