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MINOGUE v. LIPMAN

25 N.J. Super. 376 (1953)

96 A.2d 426

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, 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.

Superior Court of New Jersey, Chancery Division.

Decided March 27, 1953.

Attorney(s) appearing for the Case

Messrs. Minton, Dinsmore and Lane (Mr. B. Braddock Dinsmore, Jr. and Mr. Arthur S. Lane appearing), and Mr. George E. Beach, of the Ohio Bar, admitted on motion pro hac vice, attorneys for plaintiffs.

Mr. Samuel D. Hoffman, attorney for defendants.

EWART, J.S.C.

By this suit plaintiffs seek to establish that Warren E. Emley, Sr. and Mary L.W. Emley, his wife, now both deceased, executed on December 22, 1950 mutual, reciprocal, and irrevocable wills in accordance with an agreement between them by which they disposed of their combined estates for the benefit of one another and ultimately to their respective children in certain proportions; adjudging that the provisions of Mrs. Emley's will of December 22, 1950...

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