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ROSENCRANS v. FRY

12 N.J. 88 (1953)

95 A.2d 905

LEE ROSENCRANS, ARTHUR ROSENCRANS, AND HARRY ROSENCRANS, PLAINTIFFS-APPELLANTS, v. WILLIAM M. FRY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 30, 1953.

Attorney(s) appearing for the Case

Mr. Jerome C. Eisenberg argued the cause for appellants (Mr. Israel Spicer and Mr. George Rosling, of the New York Bar, on the brief; Messrs. Eisenberg & Spicer, attorneys).

Mr. Ernest E. Roberts, of the Florida Bar, argued the cause for respondent (Mr. William Abbotts, attorney).

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

This appeal, certified by our own motion, is from two judgments entered in the Superior Court, Chancery Division. The first adjudges the defendant Fry had a right to purchase the stock in question under the will. The second determines the plaintiff Mrs. Rosencrans, the testator's widow, was not entitled to receive the dividends declared between January 20, 1949 and the date of Fry's deposit with the clerk of...

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