NEELY v. MERCHANTS TRUST CO. OF RED BANK, N. J.

No. 4584.

26 F.Supp. 130 (1939)

NEELY v. MERCHANTS TRUST CO. OF RED BANK, N. J., et al.

District Court, D. New Jersey.

January 17, 1939.


Attorney(s) appearing for the Case

M. Casewell Heine, Albert G. Avery, and George Gordon Battle, all of New York City, for plaintiff.

Parsons, Labrecque & Borden, by Theodore D. Parsons and Theodore J. Labrecque, all of Red Bank, N. J., for defendants.


FAKE, District Judge.

The plaintiff herein seeks specific performance of an alleged oral agreement made by Eliza A. S. Calef with him on or about September 10, 1921, whereby she agreed, among other things, to "execute and leave on her death, her last will and testament, wherein she would provide that plaintiff should be her residuary legatee and devisee", and also to make plaintiff the executor of said will.

The said Eliza Calef departed this life on November...

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