WOOTEN v. HARVEY


1 N.J. Super. 406 (1948)

61 A.2d 756

VELLA WOOTEN, FELIX WOOTEN, HER HUSBAND, AND RUTH MIZELL, JOINTLY AND INDIVIDUALLY, AND VELLA WOOTEN AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF FANNIE C. TURNER, DECEASED, PLAINTIFFS, v. VIOLA HARVEY AND ARTHUR HARVEY, HER HUSBAND, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 1, 1948.


Attorney(s) appearing for the Case

Mr. Robert S. Hartgrove, attorney for plaintiffs.

Mr. Henry W. Clement, attorney for defendants.


STEIN, J.S.C.

This suit was commenced by a petition to the Union County Circuit Court for a declaratory judgment. By order of that Court dated May 3, 1948 it was transferred to the Court of Chancery.

Fannie C. Turner died on February 11, 1947, leaving a last will and testament dated September 16, 1943, which was duly probated by the Surrogate of the County of Union, which inter alia provided as follows...

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