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RUSSELL v. RUSSELL

16 N.J. Super. 589 (1951)

85 A.2d 296

WILLIAM N. RUSSELL, PLAINTIFF-RESPONDENT, v. JAMES R. RUSSELL, INDIVIDUALLY, AND AS EXECUTOR UNDER THE ALLEGED LAST WILL AND TESTAMENT OF JAMES RUSSELL, DECEASED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1951.

Attorney(s) appearing for the Case

Mr. Carl Kisselman argued the cause for respondent (Mr. Henry S. Ross, attorney).

Mr. Louis B. LeDuc argued the cause for appellant (Mr. Josiah E. DuBois, attorney).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

James Russell and Alice Meighan Russell, his wife, died ten months apart, each leaving a will executed February 14, 1929, which named the other sole beneficiary and executor and also provided that in the event both should die "at or about the same time," the property should pass in equal shares to their son, the defendant, James Raymond Russell, and their daughter, Alice N.R. Tollefson, "being...

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