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DAY v. GROSSMAN

44 N.J. Super. 28 (1957)

129 A.2d 577

HAZEL S. DAY, PLAINTIFF-APPELLANT, v. BERNARD A. GROSSMAN, EXECUTOR AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF ALEXANDER S. WILSON, DECEASED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1957.

Attorney(s) appearing for the Case

Mr. Archie Elkins argued the cause for appellant.

Mr. John B. O'Neill argued the cause for respondent (Messrs. Milton, McNulty and Augelli, attorneys; Mr. Charles J. Milton, of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.

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

One Alexander S. Wilson, a resident of the City of Bayonne, died testate on December 27, 1954. His last will and testament, dated January 21, 1953, was duly admitted to probate on January 7, 1955, and the defendant conformably with the nomination in the will qualified as the executor and trustee of the decedent's estate.

Of present relevancy is article "Fifth" of the will which reads:

"Fifth...

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