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FERGUSON v. RIPPEL

23 N.J. Super. 132 (1952)

92 A.2d 647

FRANK C. FERGUSON, PLAINTIFF-APPELLANT, v. JULIUS A. RIPPEL AND THE NATIONAL STATE BANK OF NEWARK, ET ALS., DEFENDANTS-RESPONDENTS, AND FRED G. STICKEL, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1952.

Attorney(s) appearing for the Case

Mr. John Milton, Sr., argued the cause for plaintiff-appellant (Messrs. Milton, McNulty & Augelli, attorneys).

Mr. John E. Toolan argued the cause for defendants-respondents (Messrs. Toolan, Haney & Romond, attorneys).

Mr. Halsey W. Stickel argued the cause for defendant-appellant (Messrs. Stickel & Stickel, attorneys).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.C.C. (temporarily assigned).

This action was brought to construe the will of Julius S. Rippel who died on December 9, 1950, a resident of Newark, New Jersey. Two of the respondents, Julius A. Rippel and the National State Bank of Newark, are the duly qualified executors of the estate.

Among other things the will directed that a corporate charitable foundation be created and that the residue of the testator...

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