CAREY v. THIEME


2 N.J. Super. 458 (1949)

64 A.2d 394

RICHARD J. CAREY, EXECUTOR OF THE LAST WILL AND TESTAMENT OF MARGARET McELROY, DECEASED, PLAINTIFF, v. LHOE O. THIEME, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 4, 1949.


Attorney(s) appearing for the Case

Messrs. Wharton & Hall (Mr. T. Girard Wharton, of counsel), for British Consul-General et al.

Mr. Roy R. Rigby, for the defendant Thieme.


JAYNE, J.S.C.

On December 4, 1934, Margaret McEvoy of Trenton, New Jersey, died testate. The plaintiff, Richard J. Carey, was nominated executor, and on December 17, 1934, he duly qualified as such in the Mercer County Surrogate's Court.

The decedent, by her will, disposed of the major portion of her estate to a large number of her next of kin residing in various parts of the British Empire. The executor's petition for probate properly designated and also...

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