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SCHAFFER v. OLDAK

12 N.J. Super. 80 (1951)

78 A.2d 842

HARRY SCHAFFER, ESTELLE SCHAFFER, ISABEL MUSCATT AND SAMUEL GOLDBERG, AS TRUSTEES UNDER PARAGRAPH SEVENTH (a) OF THE LAST WILL AND TESTAMENT OF CARL MUSCATT, DECEASED, PLAINTIFFS, v. ALICE OLDAK, ESTELLE SCHAFFER, INDIVIDUALLY, ESTELLE SCHAFFER AND NATHAN SCHAFFER, AS TRUSTEES UNDER PARAGRAPH SEVENTH (c) 3 OF THE LAST WILL AND TESTAMENT OF CARL MUSCATT, DECEASED, LEWIS SCHAFFER AND DAVID SCHAFFER, INFANTS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 19, 1951.

Attorney(s) appearing for the Case

Mr. Harry Schaffer, attorney for plaintiffs.

Messrs. Bilder, Bilder & Kaufman (Mr. Samuel Kaufman appearing), attorneys for defendant Alice Muszkatblit Oldak.

Mr. Max Mehler, attorney for defendants Estelle Schaffer, individually, Estelle Schaffer and Nathan Schaffer, as trustees under paragraph Seventh (c) 3 of the last will and testament of Carl Muscatt, deceased, and Nathan Schaffer, guardian ad litem of Lewis Schaffer and David Schaffer, infants.

STEIN, J.S.C.

Carl Muscatt died on May 10, 1942, a resident of Red Bank, Monmouth County, New Jersey, leaving a last will and testament dated April 29, 1942, which was duly probated by the Surrogate of Monmouth County on May 25, 1942, who issued letters testamentary and of trusteeship to plaintiffs.

Paragraph Seventh of decedent's said last will and testament provided as follows:

"SEVENTH: All of the rest, residue and remainder of my estate, together...

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