LEEK v. WIEAND


2 N.J. Super. 339 (1949)

63 A.2d 828

J. RAYMOND LEEK, EXECUTOR OF THE LAST WILL AND TESTAMENT OF HENRY D. WIEAND, DECEASED, PLAINTIFF, v. BESSIE M. WIEAND, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 1, 1949.


Attorney(s) appearing for the Case

Messrs. Kirkman, Mulligan & Harris, by Mr. Frank P. Mulhgan, for plaintiff.

Messrs. Moore, Butler & McGee, by Mr. Albert A.F. McGee, for defendant Bessie M. Wieand.

Messrs. Endicott, Dowling & Endicott, by Mr. Allen B. Endicott, 3rd, for defendant Fidelity-Philadelphia Trust Company.

Mr. Edison Hedges, for defendant Bioren & Co.

Mr. Frank S. Farley, by Mr. John W. Keogh, for defendant Franklin D. Wieand, Jr.


HANEMAN, J.S.C.

The plaintiff, as executor under the last will and testament of Henry D. Wieand, deceased, seeks the construction of paragraph 2, sub-paragraph D of the last will and testament of the said Henry D. Wieand, in order to ascertain whether said paragraph discharges any and all debts due from and owing by Bessie M. Wieand, widow of decedent, and Franklin D. Wieand, Jr., brother of decedent, to the said testator at the time of his death.

In the event...

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