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THE PLAINFIELD TRUST CO. v. DIEM

12 N.J. Super. 380 (1951)

79 A.2d 724

THE PLAINFIELD TRUST COMPANY, EXECUTOR AND TRUSTEE UNDER THE WILL OF JOHN H. SANBORN, DECEASED, PLAINTIFF, v. MARGARET C. DIEM, ROLLAND S. DIEM AND ANNE DIEM, HUSBAND AND WIFE, PHYLLIS G. FLURY AND FRANK FLURY, HER HUSBAND, AND MALCOLM Q. DIEM, SINGLE. DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 15, 1951.

Attorney(s) appearing for the Case

Mr. George L. Feaster, attorney for plaintiff.

Mr. H. Douglas Stine, attorney for defendant, Margaret C. Diem.

Mr. William J. McCormack, attorney for defendants, Rolland S. Diem and Anne Diem, his wife, Phyllis Gordon Flury and Frank Flury, her husband, and Malcolm Q. Diem.

STEIN, J.S.C.

John A. Sanborn died August 16, 1948, leaving a last will and testament duly probated November 23, 1948. His wife, Mary A. Sanborn, predeceased him and died on February 16, 1945. Decedent appointed The Plainfield Trust Company as executor and trustee of his will with power and authority to sell and convey any real estate of which he died seized. The only real estate of which he died seized was his residence in Plainfield.

The will provided that...

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