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SEMLER v. CORESTATES BANK

301 N.J. Super. 164 (1997)

JUDITH SEMLER, MARY LOU YULE, TIMOTHY LENAHAN AND JAMES M. LENAHAN, PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS, v. CORESTATES BANK, SUCCESSOR BY MERGER TO FIRST PENNSYLVANIA BANK, N.A., INDIVIDUALLY AND AS TRUSTEE APPOINTED UNDER DEED OF TRUST BY HENRY FRANCIS LENAHAN, DECEASED, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT/CROSS-RESPONDENT, AND HENRY F. LENAHAN, JR., THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1997.

Attorney(s) appearing for the Case

Glenn P. Callahan argued the cause for appellant/cross-respondent (McCarter & English, attorneys; Mr. Callahan, of counsel; Mr. Callahan and Therese M. Keeley, on the brief).

Lars S. Hyberg argued the cause for respondent/cross-appellant (McAllister, Hyberg & White, attorneys; Mr. Hyberg, on the brief).

Before Judges HAVEY, BROCHIN and EICHEN.

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

Defendant CoreStates Bank, successor by merger to First Pennsylvania Bank, N.A., is a co-executor and co-trustee of the estate of Henry F. Lenahan, Sr. who died in 1977. The other co-executor and co-trustee is the decedent's older son, third-party defendant Henry F. ("Hank") Lenahan, Jr. He and the decedent's other children, plaintiffs Judith Semler, Mary Lou Yule, Timothy Lenahan, and James M. Lenahan are...

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