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IN RE ALLEN

23 N.J. Super. 229 (1952)

92 A.2d 857

IN THE MATTER OF THE ESTATE OF MARY P. ALLEN, A MENTAL INCOMPETENT, NOW DECEASED.

Superior Court of New Jersey, Chancery Division.

Decided November 21, 1952.

Attorney(s) appearing for the Case

Mr. Fredrick J. Waltzinger, attorney for plaintiff Russell V. Adams, guardian ad litem.

Messrs. Gilhooly, Yauch & Fagan, attorneys for Mrs. Leonard Rinehart, Lina Cook, Mrs. H. Martin, William M. Menagh and Charles E. Menagh.

Messrs. Bowers & Bry-Nildsen, attorneys for Russell Tinsman, Floyd Tinsman and Margaret Kemple.

Messrs. Minard, Cooper, Gaffey & Webb, attorneys for Howard Menagh, Frank H. Menagh, Esther Garrabrant, Elizabeth Fraser and Robert M. Chapin.

Mr. Arthur L. Alexander, attorney for Mary (Mollie) Stryker.

PROCTOR, J.S.C.

This action seeks construction of N.J.S. 3A:4-5 which became effective January 1, 1952, insofar as it governs the descent and distribution of real and personal property of the estate of Mary P. Allen, deceased.

Mary P. Allen died intestate on March 28, 1952, possessed of real and personal property. The nearest relatives who survived the intestate were first cousins and children and grandchildren of deceased first cousins. The...

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