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FTB 9 R a February 8, 1928. Bdwin F. Smith, Esq., Bdwards & Smith, 1 Exchange Place, Jersey City, n. J. Dear Mr. Smith, AS I did not havo an opportunity this morning to discuss the Vice Chancellor's suggestion with you, I am taking the liberty of stating some views concerning it. First: I understand that the Vioe Chancellor sug- gests that we make what he calls an admission for the pur- pose of testing jurisdiction of the facts which Mr. Berry claims that he can prove, with the understanding that if he decides that the court has jurisdiction the admission will be entirely disrogarded. I am not clear, however, as to the manner of raising the jurisdictional question. If we have, as he suggested, an agread statement of facts it would seem to me that the hearing thereon would be a final hearing and that on appeal the agreed statement of facts would be regarded as the established facts of the case not only for the purpose of determining the question of jurisdiction but also for the purpose of any finel decree that the Appellate Court might direct the Court of Chancery to enter. At all events, I