LAWES v. LYNCH


7 N.J. Super. 584 (1950)

72 A.2d 414

DONALD E. LAWES, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF MABEL L. JONES, DECEASED, PLAINTIFF, v. KATE D. LYNCH AND FRANK F. WHITFIELD, AS SUBSTITUTED ADMINISTRATORS, ETC., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 28, 1950.


Attorney(s) appearing for the Case

Messrs. Applegate, Foster, Reussille, Cornwell & Green, for whom appeared Mr. Harvey G. Hartman, for the plaintiff.

Messrs. Kalisch & Kalisch, for whom appeared Mr. Harry Kalisch, for the defendants.


ROGERS, J.S.C.

This is a suit for construction of a will and it is submitted for decision upon the pleadings and stipulation of facts. The primary and substantial question is whether the donees of the residuary estate in remainder took jointly as a class or severally as tenants in common.

The pertinent facts in this case are that Evan F. Jones died testate on April 6, 1935, leaving surviving Mabel L. Jones, his widow, and Ella Whitfield (otherwise known as...

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