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WENDELL v. HAZEL WOOD CEMETERY

3 N.J. Super. 457 (1949)

67 A.2d 219

ARTHUR R. WENDELL ET AL., PLAINTIFFS, v. THE HAZEL WOOD CEMETERY ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 23, 1949.

Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Charles Danzig appearing), for the plaintiffs.

Messrs. Berry, Whitson & Berry (Mr. Maja L. Berry appearing), for the defendant The Hazel Wood Cemetery.

Messrs. Bernard M. Degheri and Thomas L. Hanson, for the defendants Halsey Vanderhoven et al., as class representatives of the next of kin and heirs at law of Clara Vanderhoven, deceased, and individually, and other defendants.

Messrs. Hyer & Armstrong (Mr. David K. Armstrong appearing), for the defendant Rahway Hospital.

Messrs. Besson & Applegate (Mr. John B. Applegate appearing), for the defendants Marva Bagg and Clarence Brown, Sr.

Mr. E. Garfield Gifford, for the defendant Jessie Vanderhoven.

Mr. Theodore D. Parsons, Attorney General of New Jersey (Mr. Walter D. Van Riper appearing as special counsel).

STEIN, J.S.C.

This suit is brought by the executors and trustees of the will of Clara Vanderhoven for instructions and the construction of her will. Clara Vanderhoven died, a spinster, in her 96th year, in the year 1946 leaving a last will and testament admitted to probate on May 15, 1946. By her will testatrix gave the residue and remainder of her entire estate to plaintiffs in trust for the following uses and purposes, among others:

"b: From the principal...

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