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ZIEGLER v. SUTPHIN

1 N.J. Super. 147 (1948)

62 A.2d 750

CLARENCE ZIEGLER AND ANOTHER, APPELLANTS, v. FORMAN SUTPHIN AND OTHERS, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1948.

Attorney(s) appearing for the Case

Mr. Meyer M. Semel argued the cause for appellants (Messrs. Heuser & Heuser, proctors).

Mr. M. Raymond McGowan argued the cause for respondents (Mr. Andrew J. Conover, proctor for respondents, Forman Sutphin and others).

(Messrs. Birdsall & Madigan, proctors for respondent, Edwin R. Smock).

Mr. Ernest Fasano argued the cause for respondents (Messrs. Quinn, Doremus, McCue & Russell, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

The Monmouth County Orphans' Court admitted to probate as the will of Edward R. Heyer, deceased, a certain paper writing with the exception of the fourth paragraph therein which the court found that the testator had revoked. The paragraph excepted from probate gave the residue of testator's estate to Clarence Ziegler and Ethel, his wife. They appeal from so much of the decree of the Orphans' Court as denies...

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