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HORTON v. HORTON

2 N.J. Super. 155 (1948)

62 A.2d 503

LESTER HORTON, EXECUTOR OF AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF HARRY EORTON, DECEASED, PLAINTIFF, v. HAZEL RUTH HORTON, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 23, 1948.

Attorney(s) appearing for the Case

Mr. Bernard A. Reilly, for the plaintiff.

Mr. Louis P. Brenner, for the defendant, Hazel Ruth Horton.

Mr. David Hilowitz, for the defendant, Judith Horton.

FREUND, J.S.C.

The complaint was filed by Lester Horton, sole executor and trustee under the last will and testament of Harry Horton, deceased, his father, for construction of decedent's will with respect to three items.

Under Paragraph 2 of the will, the testator devised "all my real estate wheresoever situate, and all interest therein, of which I shall die seized and possessed, or to which, at the time of my...

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