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SHADE v. COLGATE

4 N.J. Super. 356 (1949)

67 A.2d 193

FRANK L. SHADE, PLAINTIFF APPELLANT, v. SAMUEL BAYARD COLGATE, AND OTHERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1949.

Attorney(s) appearing for the Case

Mr. John J. Fallon (Mr. Cornelius P. Cotter, of the New York Bar, of counsel; Mr. Alfred L. Kettell, attorney) argued the cause for the plaintiff-appellant.

Mr. Edward J. O'Mara (Mr. William E. Bardusch, Jr., of counsel; Messrs. O'Mara, Conway & Schumann, attorneys) argued the cause for the defendants-respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

The complainant-appellant is the residuary legatee and devisee under the will of his foster mother, Mrs. Caroline B.D. Colgate, who died October 5, 1940. The principal defendant-respondent is S. Bayard Colgate, the son of Mrs. Colgate, and the executor of her will and also the trustee under the fifth paragraph of the will of his father, Sidney M. Colgate. The...

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