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BANKERS TRUST CO. v. N.Y., ETC., ANIMALS

23 N.J. Super. 170 (1952)

92 A.2d 820

BANKERS TRUST COMPANY, A CORPORATION OF THE STATE OF NEW YORK AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF NEW JERSEY, SURVIVING EXECUTOR OF THE LAST WILL AND TESTAMENT OF WILLIAM J. BERG, DECEASED, PLAINTIFF-RESPONDENT, v. NEW YORK WOMEN'S LEAGUE FOR ANIMALS, A NON-PROFIT CORPORATION OF THE STATE OF NEW YORK, DEFENDANT-APPELLANT, AND DOROTHY K. FUGUET, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF WILLIAM D. FUGUET, DECEASED, AND GEISSE FUGUET, DEFENDANTS-CROSS-APPELLANTS, AND THE UNKNOWN HEIRS AND NEXT-OF-KIN OF WILLIAM J. BERG, DECEASED, AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1952.

Attorney(s) appearing for the Case

Mr. Donald B. Kipp argued the cause for defendant-appellant New York Women's League for Animals (Messrs. Pitney, Hardin & Ward, attorneys; Mr. Arthur J. Sullivan, Jr., on the brief).

Mr. Alfred C. Clapp argued the cause for defendants-cross-appellants Dorothy K. Fuguet, executrix aforesaid, and Geisse Fuguet (Mr. George S. Fischler, on the brief).

Mr. Everett M. Scherer argued the cause for Bankers Trust Company, surviving executor aforesaid (Messrs. Riker, Emery & Danzig, attorneys).

Mr. Maurice E. Gold, substituted guardian ad litem, pro se.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

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

Involved in the appeal and cross-appeal taken from the final judgment of the Chancery Division of this court is the proper construction of the will of William J. Berg who died on March 13, 1950, a resident of New Jersey. His wife, Rita Fuguet Berg, predeceased him. No children were born of the marriage and decedent left no known heirs-at-law or next-of-kin him surviving.

Berg's last will and testament...

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