LAVAL v. OSTERHOUT


3 N.J. Super. 402 (1949)

65 A.2d 866

ANNA LAVAL ET AL., PLAINTIFFS, v. ANNA OSTERHOUT, EXECUTRIX UNDER THE WILL OF JAMES OSTERHOUT, DECEASED, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided May 4, 1949.


Attorney(s) appearing for the Case

Messrs. Pachella & Chary (Mr. Dominick F. Pachella, of counsel), attorneys for the plaintiffs.

Mr. David T. Wilentz, attorney for the defendant.


JAYNE, J.S.C.

One James Osterhout died testate on October 20, 1941. His last will and testament dated November 15, 1938, embraces the following articles of present pertinency:

"I leave to my wife, Anna Osterhout, all my lands and property, all money in banks, all bonds and all mortgages. She is to have the use and possession of all these things during her life, except that she is not to foreclose any mortgage as long as the interest is being paid.

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