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CARTON v. BORDEN

8 N.J. 352 (1951)

85 A.2d 257

ROBERT V. CARTON, J. GERARD CARTON, JAMES D. CARTON, JR., J. VICTOR CARTON, AND FORMAN T. BAILEY, PARTNERS TRADING AS DURAND, IVINS & CARTON, AND THOMAS D. NARY, AS GUARDIAN AD LITEM OF GAYLE BEVERLY BORDEN, PLAINTIFFS-APPELLANTS, v. HOWARD STANLEY BORDEN AND ELEANOR JANE BORDEN, EXECUTORS AND TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF HOWARD L. BORDEN, DECEASED, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 21, 1951.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for the appellants.

Mr. Ward Kremer argued the cause for the respondents.

The opinion of the court was delivered by VANDERBILT, C.J.

This is an appeal by the plaintiff law firm and Thomas D. Nary as guardian ad litem of the infant, Gayle Beverly Borden, from a judgment of the Chancery Division of the Superior Court dismissing their suit on its own motion before they had completed the presentation of their testimony. The appeal taken to the Appellate Division of the Superior Court has been...

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