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WOLL v. DUGAS

104 N.J. Super. 586 (1969)

250 A.2d 775

J. ALBERT WOLL AND VIRGINIA WOLL, EXECUTRIX OF THE ESTATE OF WILLARD WOLL, DECEASED, PLAINTIFFS, v. MATTHEW DUGAS, AN INFANT, BY HIS GUARDIAN AD LITEM JOHN D. MORRISON, GRAHAM C. DUGAS, JR., JANE DUGAS FROJEN, AMERICAN CANCER SOCIETY, CITIZENS FIRST NATIONAL BANK OF RIDGEWOOD, NEW JERSEY, AS EXECUTOR AND TRUSTEE OF THE WILL OF CELEONOR E. WOLL, (KNOWN ALSO AS ELEANOR WOLL), DECEASED, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 6, 1969.

Attorney(s) appearing for the Case

Mr. Walter H. Jones, attorney for plaintiffs.

Mr. John D. Morrison, pro se, guardian ad litem for infant defendant Matthew Dugas.

Mr. Harry Schaffer, attorney for defendants Graham C. Dugas, Jr. and Jane Frojen.

Mr. Roger Hinds, attorney for defendant American Cancer Society.

Mr. Milton T. Lasher, attorney for defendant Citizens First National Bank of Ridgewood.

LORA, J.S.C.

This is an action for specific performance of an agreement allegedly made on November 4, 1949 between Matthew Woll and his wife, Celeonor Woll, both deceased, to execute identical, mutual, reciprocal and irrevocable wills. Plaintiffs J. Albert Woll and Virginia Woll, executrix of the estate of Willard Woll, deceased, contend that pursuant to said agreement Matthew and Celeonor Woll were to leave to the survivor of them his or her estate, and upon

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