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WRIGHT v. DZIENIS

77 N.J. Super. 455 (1962)

187 A.2d 8

KAZIMIERA WRIGHT, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF STANISLAWA BIBINSKI, DECEASED, PLAINTIFF-APPELLANT, v. JADWIGA DZIENIS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1962.

Attorney(s) appearing for the Case

Mr. Howard G. Kulp, Jr. argued the cause for appellant (Messrs. Brown, Connery, Kulp and Wille, attorneys; Mr. Kulp on the brief).

Mr. Charles A. Cohen argued the cause for respondent (Mr. Samuel L. Supnick, attorney; Mr. Cohen on the brief).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

This is a will construction case. Stanislawa Bibinski executed her will on September 20, 1949 and died on February 18, 1961. At her death she had $2,470 in cash in an envelope in a bedroom footlocker or trunk at her home at 1235 Lansdowne Avenue, Camden, New Jersey. Plaintiff, niece of the decedent, claimed this money under paragraph FOURTH of the will which provides as follows:

"I give and devise...

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