LITCHER v. TRUST CO. OF NEW JERSEY


11 N.J. 64 (1952)

93 A.2d 368

ISABELLE LITCHER, PLAINTIFF-APPELLANT, v. THE TRUST COMPANY OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS, AND MICHAEL LA PADULA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Argued November 17, 1952.

Decided December 15, 1952.


Attorney(s) appearing for the Case

Mr. Richard R. Powell, of the New York Bar, argued the cause for the defendant-appellant Michael La Padula (Mr. Maurice Brigadier, attorney and counsel), and for the plaintiff-appellant Isabelle Litcher (Mr. George J. Baumann, on the brief; Messrs. Wolf & Baumann, attorneys).

Mr. Edward J. O'Mara argued the cause for the defendant-respondent Rev. Lawrence J. McGinley in his representative capacity as President of Fordham University (Mr. Joseph A. Davis, on the brief, Messrs. O'Mara, Schumann, Davis & Lynch, attorneys); for the defendant-respondent Martin W. Stanton in his representative capacity as Director for New Jersey of the Society for the Propagation of the Faith (Mr. Frederick J. Gassert, attorney and counsel), and for the defendant-respondent Monsignor John L. McNulty in his representative capacity as President of Seton Hall College (Mr. Philip J. Mylod, on the brief; Mr. James P. Mylod, attorney).

Mr. Emil W.A. Schumann argued the cause for the defendants-respondents The Trust Company of New Jersey as substituted trustee under the last will and testament of Thomas J. Kavanagh, deceased, and Emil W.A. Schumann, executor of the estate of Emily E. Kavanagh, deceased.


The opinion of the court was delivered by BURLING, J.

This is a civil action wherein the categories of relief sought include a construction of the will of Thomas J. Kavanagh, deceased, invalidating portions thereof, accounting, and determination of the respective interests of the several parties to the action. It was instituted by the filing of a complaint in the Superior Court, Chancery Division, on August 15, 1950, by the plaintiff Isabelle Litcher. The defendants...

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