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CUMMINS v. MURPHY

3 N.J. Super. 323 (1949)

65 A.2d 268

PATRICK J. CUMMINS ET AL., PLAINTIFFS, v. MARGARET MURPHY ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 7, 1949.

Attorney(s) appearing for the Case

Mr. James A. McTague, attorney for the plaintiffs.

Messrs. Grossi & Kanis, attorneys for the defendant, Edward G. Rennar.

Mr. Harold W. Gorrin, attorney for the defendant, Teresa Elk.

Mr. Alexander Simpson, attorney for the defendant, Margaret Murphy.

Mr. Arthur A. Donigian, attorney for the defendant, John Duane.

KAYS, J.S.C.

The complaint herein seeks partition of a parcel of land located in Jersey City upon which is constructed a two-family house. The counterclaim of Edward G. Rennar prays for construction of the will of John P. Dolan.

As I stated on the day of the trial, the real property is incapable of actual partition. It is my opinion, therefore, that it should be sold and the proceeds divided among those entitled to take under the will of said Dolan, deceased...

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