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BURLINGTON COUNTY TRUST CO. v. CASTELCICALA

2 N.J. 214 (1949)

66 A.2d 164

BURLINGTON COUNTY TRUST COMPANY, SUBSTITUTED TRUSTEE UNDER THE WILL OF MARIE LOUISE BINNEY, PLAINTIFF-RESPONDENT, v. PRINCESS ANNA DI CASTELCICALA OR MARIANNA BICCADILLI DI BOLOGNA ET AL., DEFENDANTS-RESPONDENTS; ALEXANDER KINGSLAND AND MARCHESA CATTANEO, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 9, 1949.

Attorney(s) appearing for the Case

Mr. Frank A. Mathews, Jr., argued the cause for the plaintiff-respondent.

Mr. Alexander C. Wood, 3rd, argued the cause for Princess Anna di Castelcicala or Marianna Biccadilli (Baccadilli) di Bologna, defendant-respondent.

Mr. J. Albert Homan argued the cause for defendants-respondents Laura Mariesol Henriette de la Tour di Castelcicala and Don Pietro Paolo di Castelcicala.

Mr. John D. McMaster argued the cause for the appellants.

The opinion of the court was delivered by CASE, J.

The bill seeks a construction of a portion of the sixth paragraph of the will of Marie Louise Binney, deceased, with particular respect to the rights of the grandchildren and the great-grandchildren of the testatrix and the incidental interest of the widow of a grandchild.

The paragraph provides:

"Sixth: I give and devise the rest and residue of my property...

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