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ORANGE FIRST NATIONAL BANK v. PREISS

2 N.J. Super. 486 (1949)

64 A.2d 475

THE ORANGE FIRST NATIONAL BANK AS AN EXECUTOR OF AND A TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF FRANK C. PREISS, DECEASED, PLAINTIFF, v. MAE L. PREISS, INDIVIDUALLY AND AS AN EXECUTOR OF AND A TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF FRANK C. PREISS, DECEASED, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 23, 1949.

Attorney(s) appearing for the Case

Mr. Thomas Moloney, attorney for plaintiff.

Messrs. Grosso & Beck, attorneys for defendant Mae L. Preiss, individually and as executrix, etc., George D.B. Preiss and Anna M. Preiss.

Mr. John Warhol, Jr., attorney for Milton L. Schneider, guardian ad litem.

STEIN, J.S.C.

Frank C. Preiss died December 26, 1946, leaving a will probated January 9, 1947, upon which letters testamentary were issued to the plaintiff and Mae L. Preiss.

Plaintiff, The Orange First National Bank, requests instructions of the Court as to the extent to which the executors and trustees shall invade the remaining corpus of the residuary estate for the purpose of paying the expenses of testator's widow, Mae L. Preiss, mentioned in testator...

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