KUIKEN v. SIMONDS


1 N.J. Super. 401 (1948)

65 A.2d 114

JENNIE D. KUIKEN, PLAINTIFF, v. A. GROVER SIMONDS AND MARY M. SIMONDS, INDIVIDUALLY AND AS EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF CHARLES SIMONDS, DECEASED, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 4, 1948.


Attorney(s) appearing for the Case

Mr. Joseph J. De Luccia, attorney for plaintiff.

Mr. William Evans, for the firm of Evans, Hand & Evans, attorneys for certain named defendants.

Mr. Milton Schamach, for defendant-counterclaimant, Helen Cole Simonds.


GRIMSHAW, J.S.C.

This is a bill for the partition of real estate of which Charles W. Simonds died seized. The testator who died August 28, 1920, in his will provided among other things as follows:

"THIRD: I give, devise and bequeath the use and income of all the rest residue and remainder of my estate both real and personal unto my beloved wife Margaret Simonds, together with so much of the principal as may be...

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