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MINOGUE v. LIPMAN

28 N.J. Super. 330 (1953)

100 A.2d 684

ADELAIDE E. MINOGUE AND WARREN E. EMLEY, JR., INDIVIDUALLY AND AS ONE OF THE EXECUTORS OF THE WILL OF WARREN E. EMLEY, SR., DECEASED, PLAINTIFFS-RESPONDENTS, v. MARY IDA LIPMAN AND HERBERT D. BROWN, INDIVIDUALLY AND AS EXECUTORS OF THE LAST WILL AND TESTAMENT OF MARY L.W. EMLEY, DECEASED, BETTY ANN BROWN AND JOHN N. BROWN, AND HERBERT D. BROWN AS ONE OF THE EXECUTORS OF THE WILL OF WARREN E. EMLEY, SR., DECEASED, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1953.

Attorney(s) appearing for the Case

Mr. George E. Beach, of the Ohio Bar, argued the cause for the plaintiffs-respondents (Messrs. Minton, Dinsmore & Lane, attorneys; Mr. B. Braddock Dinsmore, Jr., of counsel).

Mr. Samuel D. Hoffman argued the cause for the defendants-appellants (Mr. Charles D. Hodgins, of counsel).

Before Judges EASTWOOD, JAYNE and FRANCIS.

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

The defendants appeal from the judgment entered in the Superior Court, Chancery Division, in favor of the plaintiffs and against the defendants in a matter wherein plaintiffs sought to establish that Warren E. Emley, Sr. and Mary L.W. Emley, his wife, now both deceased, executed mutual, reciprocal and irrevocable wills in accordance with an agreement between them, and adjudging that Mrs. Emley's will, dated...

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