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LITCHER v. TRUST CO. OF N.J.

18 N.J. Super. 101 (1952)

86 A.2d 601

ISABELLE LITCHER, PLAINTIFF, v. THE TRUST COMPANY OF NEW JERSEY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 19, 1952.

Attorney(s) appearing for the Case

Messrs. Wolf & Baumann, attorneys for plaintiff.

Mr. Emil W.A. Schumann, attorney for defendant Trust Company of New Jersey and Emil W.A. Schumann, executor.

Mr. Frederick J. Gassert, attorney for defendant Martin W. Stanton, director, &c.

Mr. James P. Mylod, attorney for defendant Monsignor John L. McNulty, as President of Seton Hall College.

Messrs. O'Mara, Conway & Schumann, attorneys for defendant Rev. Lawrence J. McGinley, as President of Fordham University.

Mr. Maurice C. Brigadier, attorney for defendant-counterclaimant Michael LaPadula.

GRIMSHAW, J.S.C.

In this action the plaintiff seeks a judgment declaring void the nineteenth and twentieth paragraphs of the will of Thomas J. Kavanagh, deceased. Also sought is a judgment determining the proportionate shares of the residuary principal and income of the estate to which the several parties will be entitled in the event that the residuary provision of the will is held to be invalid.

Kavanagh died on February 23, 1938, unmarried and without issue...

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