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GRAHAM v. EDISON TP.

35 N.J. 537 (1961)

173 A.2d 403

ARNOLD S. GRAHAM, PLAINTIFF, v. THE TOWNSHIP OF EDISON, A MUNICIPAL CORPORATION, THE BOROUGH OF METUCHEN, A MUNICIPAL CORPORATION, BOARD OF EDUCATION OF THE TOWNSHIP OF EDISON, BOARD OF EDUCATION OF THE BOROUGH OF METUCHEN, DEFENDANTS-APPELLANTS, AND THE TRUSTEES OF THE FREE SCHOOLS OF THE TOWN OF WOODBRIDGE, A NEW JERSEY CORPORATION, THE TOWNSHIP OF WOODBRIDGE, A MUNICIPAL CORPORATION, BOARD OF EDUCATION OF THE TOWNSHIP OF WOODBRIDGE, DEFENDANTS-RESPONDENTS, AND THE GENERAL BOARD OF PROPRIETORS OF THE EASTERN DIVISION OF NEW JERSEY, A NEW JERSEY CORPORATION, ET ALS., DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 28, 1961.

Attorney(s) appearing for the Case

Mr. John B. Molineux argued the cause for appellants (Mr. Christian J. Jorgensen, attorney for appellants Township of Edison and Board of Education of the Township of Edison; Mr. Molineux, attorney for appellants Borough of Metuchen and Board of Education of the Borough of Metuchen).

Mr. Nathan Duff argued the cause for respondents (Messrs. Toolan, Haney and Romond, attorneys for respondent The Trustees of the Free Schools of the Town of Woodbridge; Mr. Stanton L. Levy, of counsel; Mr. Duff, attorney for respondent Township of Woodbridge; Messrs. Foley and Manzione, attorneys for respondent Board of Education of the Township of Woodbridge; Mr. Francis C. Foley, Jr., of counsel).

The opinion of the court was delivered by HALL, J.

The unusual question posed by this appeal is steeped in New Jersey colonial history. To be determined is the extent of the class presently entitled to the benefit of certain lands laid out "for the maintenance of a free schoole" pursuant to the direction of the original charter of the "Towne and Freeholders of Woodbridge" granted by the proprietors of the colony on June 1, 1669. More specifically the problem is whether...

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