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LEEK v. WIEAND

7 N.J. Super. 501 (1950)

71 A.2d 911

J. RAYMOND LEEK, EXECUTOR OF THE LAST WILL AND TESTAMENT OF HENRY D. WIEAND, DECEASED, PLAINTIFF, v. BESSIE M. WIEAND, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 7, 1950.

Attorney(s) appearing for the Case

Mr. Samuel P. Hagerman for Franklin D. Wieand, III, one of the defendants.

Messrs. Kirkman, Mulligan & Harris, by Mr. Frank P. Mulligan, for plaintiff.

Messrs. Moore, Butler & McGee, by Mr. Albert A.F. McGee, for defendant Bessie M. Wieand.

Messrs. Endicott, Dowling & Endicott, by Mr. Allen B. Endicott, 3rd, for defendant Fidelity-Philadelphia Trust Company.

Mr. Edison Hedges, for defendant Bioren & Co.

Mr. Frank S. Farley, by Mr. John J. Kehoe, for defendant Franklin D. Wieand, Jr.

HANEMAN, J.S.C.

This is an application by Franklin D. Wieand, III, one of the defendants in the above entitled action, seeking (1) to set aside an entry of default heretofore entered against him; (2) to reopen and vacate that portion of a judgment entered March 21, 1949, designated as paragraphs 3 and 6; (3) to obtain permission to file an answer and defend on the merits; (4) to obtain an immediate refund of the payment of $6,266 heretofore made to Bioren & Co...

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