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MONTCLAIR TRUST COMPANY v. LUPHER

44 N.J. Super. 408 (1957)

130 A.2d 858

MONTCLAIR TRUST COMPANY, PLAINTIFF, v. ELVA M. LUPHER, DOROTHY JONES, JOHN W. DUTTON, CHESTER S. DUTTON, DEFENDANTS-APPELLANTS, AND LOUISA-JANE FLYNN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1957.

Attorney(s) appearing for the Case

Mr. Charles A. Cohen argued the cause for defendants-appellants.

Mr. Frank S. Sauer argued the cause for defendant-respondent (Mr. George B. Welle, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiff, administrator c.t. a of the estate of Theodore J. Badgley, instituted this action for a judicial construction of his will and for instructions. Those brought in as defendants were the four nephews and nieces of decedent's wife Emma (hereinafter designated "appellants"), who were to take the residuary estate in a certain contingency, and decedent's niece, who was Badgley's only heir at law...

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