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CARTER v. MISHELL

4 N.J. Super. 310 (1949)

67 A.2d 199

GRACE CARTER, APPELLANT, v. EDWARD E. MISHELL, SUBSTITUTED ADMINISTRATOR, ETC., AND ANOTHER, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1949.

Attorney(s) appearing for the Case

Mr. William A. Fasolo (Mr. Milton T. Lasher, attorney) argued the cause for the appellant.

Mr. Robert E. Rosenberg and Mr. Matthew Krafte (Mr. Emanuel Gersten, attorney) argued the cause for the respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

John F. McLagan died in 1934, leaving a last will and testament in which he gave to his executor power to sell and convey lands owned by the testator at his death. In September, 1944, Edward E. Mishell, as substituted administrator with the will annexed, presented to the Ocean County Orphans' Court a petition setting forth that testator had died seized of a tract...

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