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KING v. SMITH

129 N.J. Super. 168 (1974)

322 A.2d 500

FREDERICK D. KING AND FREDERICK F. RICHARDSON, EXECUTORS OF THE ESTATE OF ROBERT S. HERBERT, JR., DECEASED, PLAINTIFFS-RESPONDENTS, v. RICHARD SMITH, ROBERT SMITH AND STILSON H. SMITH, DEFENDANTS-APPELLANTS, AND ESTATE OF JOAN S. BALLER, DECEASED, CAROLE BALLER AND WARREN O'CONNELL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1974.

Attorney(s) appearing for the Case

Mr. Bernard A. Kuttner, attorney for defendants-appellants.

Messrs. Mason, Griffin & Pierson, attorneys for plaintiffs-respondents.

Mr. Samuel C. Inglese, attorney for defendants-respondents Estate of Joan S. Baller, deceased, and Carole Baller.

Messrs. McCarthy, Bacsik and Hicks, attorneys for defendant-respondent Warren O'Connell (Messrs. Gordon C. Strauss and Christopher Baker, on the brief).

Before Judges CARTON, LORA and SEIDMAN.

PER CURIAM.

This case was consolidated on appeal with two other related cases involving the will of Robert S. Herbert, Jr., deceased. The reason for such consolidation was that the issues involved in the related cases would have been rendered moot if this court should decide that the bequests to the attesting witnesses were invalid.

While this matter was pending on appeal so much thereof as applied to Joan S. Baller was settled. Consequently, there is no need...

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