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KUIKEN v. SIMONDS

4 N.J. Super. 135 (1949)

66 A.2d 545

JENNIE D. KUIKEN, PLAINTIFF-APPELLANT, v. A. GROVER SIMONDS AND MARY M. SIMONDS, INDIVIDUALLY AND AS EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF CHARLES SIMONDS, DECEASED, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1949.

Attorney(s) appearing for the Case

Mr. Peter Hofstra (Mr. Joseph J. De Luccia, attorney; Mr. Robert Walter, on the brief) argued the cause for the plaintiff-appellant.

Mr. William W. Evans (Messrs. Evans, Hand & Evans, attorneys; Mr. William Tulenko, on the brief) argued the cause for the defendants-respondents A. Grover Simonds and Mary E. Simonds, individually and as executors, Charlotte Simonds, Charles Edgar Simonds, Hazel Simonds, Raymond Forshee, Louise Ramsey, Harold Ramsey, Alice Bolster, David Bolster, Robert Forshee, Emily Forshee, Elizabeth Buss, Carl Buss, Helen Korkoian, Edward Korkoian, Marion Daley and George J. Daley.

Mr. J. Mortimer Rubenstein (Mr. Milton Schamach, attorney) argued the cause for the respondent.

Before Judges McGEEHAN, DONGES and COLIE.

The following is the opinion of Judge Grimshaw in the Chancery Division of the Superior Court:

"This is a bill for the partition of real estate of which Charles W. Simonds died seized. The testator who died August 28, 1920, in his will provided among other things as follows:

"`THIRD: I give, devise and bequeath the use and income of all the rest residue and remainder of my estate both real and personal unto my beloved wife Margaret Simonds, together with so...

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