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MACFADDEN v. MACFADDEN

49 N.J. Super. 356 (1958)

139 A.2d 774

MARY MACFADDEN, PLAINTIFF-RESPONDENT, v. BERNARR MACFADDEN, L. ARTHUR ST. PHILLIP AND BRAUNDA M. ST. PHILLIP, HIS WIFE, DEFENDANTS, AND BERNARR MACFADDEN FOUNDATION, INC., A MEMBERSHIP CORPORATION ORGANIZED PURSUANT TO THE MEMBERSHIP CORPORATION LAW OF NEW YORK, DEFENDANT-APPELLANT, AND EDWARD F. BODINE AND PAUL WINKLER, EXECUTORS OF THE LAST WILL AND TESTAMENT OF BERNARR MACFADDEN, DECEASED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1958.

Attorney(s) appearing for the Case

Mr. George F. Losche argued the cause for defendant-appellant.

Mr. Charles B. Collins argued the cause for plaintiff-respondent.

Before Judges PRICE, SCHETTINO and HANEMAN.

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Freund in the court below. 46 N.J.Super. 242 (Ch. Div. 1957), supplemented, however, as follows:

Defendant argues that the trial judge erroneously labeled the action as one for specific performance. It must be remembered that it is from the judgment, and not the opinion, that...

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