CODY v. FITZGERALD


2 N.J. 93 (1949)

65 A.2d 750

BERTHA LEIDY CODY ET AL., PLAINTIFFS-APPELLANTS, v. ELSIE H. FITZGERALD ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 25, 1949.


Attorney(s) appearing for the Case

Mr. Saul N. Schechter (Mr. Archie Roth, on the brief) argued the cause for the appellants.

Mr. Alfred W. Seiss argued the cause for the respondents.


The opinion of the court was delivered by ACKERSON, J.

This appeal involves the construction of the following paragraphs of the will of George W. Hawk who died on August 18, 1919:

"3. To my beloveth wife Charlotta Wolfe Hawk all rentals and income and use of all my Property on South Main Street town of Phillipsburg County of Warren State of New Jersey as long as she lives.

"4. At her deth [sic] the children...

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