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BUSCH v. PLEWS

19 N.J. Super. 195 (1952)

88 A.2d 264

IONA M. BUSCH, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF LILLIAN W. SEIDEL, DECEASED, AND JOSEPH W. WELLS, WILLIAM L. LOVETT, VIOLET LOVETT, ARTHUR LEIGH, VIOLET LOVETT AND ELLEN LEIGH CARTLIDGE, AS EXECUTRICES OF THE ESTATE OF ARTHUR H. LEIGH, DECEASED, ELLEN LEIGH CARTLIDGE, WILLIAM L. LEIGH, JESSE SLINGLUFF, JR., EXECUTOR OF THE ESTATE OF ANNIE C. ROSS, DECEASED, JAMES STUCKEY, MAUD SEIDEL, MARIA LEWIS, LILLIAN EMILY WELLS HILL, PATRICIA ANNA WELLS, A MINOR, BY JOSEPH W. WELLS, GUARDIAN AD LITEM, HARRY FORT BUSCH AND HARRY L. WELLS, PLAINTIFFS, v. LOUISE PLEWS, LILLIAN WELZEL, VERA WELZEL GENTSCH AND LIBERTY TITLE AND TRUST COMPANY, A BANKING CORPORATION OF THE STATE OF PENNSYLVANIA, ANNA WELLS, MARY WELLS, CHILDREN'S SEASHORE HOUSE FUND CLUB, AND FRANK P. WELLS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 18, 1952.

Attorney(s) appearing for the Case

Mr. Augustine A. Repetto, for plaintiffs (Messrs. Bolte & Repetto, attorneys).

Mr. Joseph J. Summerill, Jr., for defendant Liberty Title & Trust Company (Messrs. Starr, Summerill & Davis, attorneys), and Mr. Allen B. Endicott, Jr. (Messrs. Endicott, Dowling & Endicott, attorneys), of counsel.

Mr. Wm. Elmer Brown, Jr., for defendant Louise Plews.

Mr. John Lloyd, Jr., for defendant Children's Seashore House Fund Club (Messrs. Lloyd & Horn, attorneys).

Mr. Albert N. Shahadi, for defendants Anna Wells, Frank P. Wells and Mary Wells, by her guardian ad litem, Frank P. Wells.

HANEMAN, J.S.C.

This suit seeks the construction of certain provisions of the last will and testament of Gustavus C. Seidel, deceased.

Said Gustavus C. Seidel died a resident of Atlantic City, New Jersey, on September 23, 1922, leaving a last will and testament, which was probated by the Surrogate of Atlantic County. The said last will provided, in part, as follows:

"Third. I give and bequeath to the Liberty Title and Trust Company, its successors...

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