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IN RE DAVIS

14 N.J. 166 (1953)

101 A.2d 521

IN THE MATTER OF THE PROBATE OF THE LAST WILL AND TESTAMENT OF BABETTE DAVIS, DECEASED.

The Supreme Court of New Jersey.

Decided December 21, 1953.

Attorney(s) appearing for the Case

Mr. Francis W. Hayden argued the cause for the appellant (Messrs. Crummy & Consodine, attorneys).

Mr. William J. McCormack argued the cause for the respondents (Messrs. Milton, McNulty & Augelli, attorneys; Mr. Charles J. Milton, of counsel).

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

This is an appeal from an order of the Warren County Court which dismissed an order requiring the respondents to show cause why a judgment of the Surrogate's Court of that county, which had admitted to probate the last will and testament of Babette Davis, should not be set aside.

The proceeding was instituted pursuant to Rules 5:3-4(a), 5:3-5(a), now R.R. 5:3-4(a), 5...

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