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WENDELL v. HAZEL WOOD CEMETERY

7 N.J. Super. 117 (1950)

72 A.2d 383

ARTHUR R. WENDELL, FRANK WHITEHEAD AND FIDELITY UNION TRUST COMPANY, A TRUST COMPANY ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, AS EXECUTORS OF AND TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF CLARA VANDERHOVEN, DECEASED, PLAINTIFFS-RESPONDENTS, v. THE HAZEL WOOD CEMETERY, A NEW JERSEY CORPORATION, AND RAHWAY HOSPITAL, A NEW JERSEY CORPORATION; WALTER D. VAN RIPER, ATTORNEY-GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND HALSEY VANDERHOVEN, THELMA BENNETT WEBB, LESTER MUNDY, JOSEPH C. POTTER, AND ALBERT F. KIRSTEIN, INDIVIDUALLY AND AS CLASS REPRESENTATIVES OF THE NEXT-OF-KIN AND HEIRS-AT-LAW OF CLARA VANDERHOVEN, DECEASED, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1950.

Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig, attorneys for plaintiffs-respondents.

Mr. Maja Leon Berry argued the cause for the defendant-respondent, The Hazel Wood Cemetery (Messrs. Berry, Whitson & Berry, attorneys).

Messrs. Hyer & Armstrong, attorneys for defendant-respondent, The Rahway Hospital.

Mr. Samuel Lanzet argued the cause for defendants-appellants, Halsey Vanderhoven, Thelma Bennett Webb, Lester Mundy, Joseph C. Potter and Albert F. Kirstein, as class representatives of the next-of-kin and heirs-at-law of Clara Vanderhoven, deceased (Messrs. Bernard M. Degheri and Thomas L. Hanson, attorneys).

Messrs. Besson & Applegate, attorneys for defendants-appellants, Clarence Brown, Sr., also known as Clare H. Brown, and Marva Bagg.

Mr. Walter D. Van Riper, special counsel to the Attorney General of the State of New Jersey.

Before Judges JACOBS, DONGES and BIGELOW.

The opinion of the court was delivered by DONGES, J.A.D.

This is an appeal from a judgment entered in the Superior Court, Chancery Division.

The plaintiffs, as executors and trustees of the last will and testament of Clara Vanderhoven, deceased, instituted an action in the Superior Court, Chancery Division, asking for a construction of the third paragraph of decedent's will and for other instructions.

The decedent died a resident of Union County, New...

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