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FIDELITY UNION TRUST CO. v. HELLER

16 N.J. Super. 285 (1951)

84 A.2d 485

FIDELITY UNION TRUST COMPANY, A NEW JERSEY CORPORATION, ARTHUR E.C. HELLER AND RUPERT B. LOWE, AS EXECUTORS AND TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF PAUL E. HELLER, DECEASED, PLAINTIFFS, v. ARTHUR E.C. HELLER, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 1, 1951.

Attorney(s) appearing for the Case

Mr. Irving Riker for the plaintiffs (Messrs. Riker, Emery & Danzig, attorneys).

Mr. Frederick Frelinghuysen for the defendants Arthur E.C. Heller, Ruth Heller Lowe, et als. (Messrs. Pitney, Hardin & Ward, attorneys).

Mr. James W. Hart for the defendant Martha Henry.

Mr. Earle Ogden Bennett for the defendant Frances Ward (Messrs. Bailey, Schenck & Bennett, attorneys).

Mr. George D. McLaughlin for the defendant Constance Heller Henry.

Mr. Aaron Marder for the defendant Elaine Heller Blount.

FREUND, J.S.C.

Paul E. Heller executed his last will and testament on February 12, 1935. In the second article thereof, he expressed the desire that his body rest in a mausoleum in Fairmount Cemetery in the City of Newark, directed his executors to erect the mausoleum at a cost of $25,000 upon a plot in the cemetery, and provided for the interment therein of both deceased and surviving members of his family. Elsewhere in the will he set up a trust fund for the care...

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