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STETSON v. COMMUNITY CHEST, ETC., MAPLEWOOD

24 N.J. Super. 243 (1952)

93 A.2d 796

HENRY T. STETSON, AS EXECUTOR OF AND TRUSTEE UNDER THE LAST WILL AND TESTAMENT AND CODICIL THERETO OF MARIE A. MUNN, DECEASED, PLAINTIFF, v. COMMUNITY CHEST OF THE ORANGES AND MAPLEWOOD, A NEW JERSEY CORPORATION, THE HOSPITAL CENTER AT ORANGE, A NEW JERSEY CORPORATION, GENEVIEVE B. WHITTEMORE, AND THEODORE D. PARSONS, ATTORNEY-GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 26, 1952.

Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Charles Danzig appearing), attorneys for the plaintiff.

Messrs. Howe & Davis (Mr. William Howe Davis appearing), attorneys for the defendant Community Chest of the Oranges and Maplewood.

Messrs. Pitney, Hardin & Ward (Mr. Waldron M. Ward appearing), attorneys for the defendant, counterclaimant and cross-claimant, The Hospital Center at Orange.

Messrs. Stryker, Tams & Horner (Mr. Emory C. Risley appearing), attorneys for the defendant Genevieve B. Whittemore.

SPEAKMAN, J.C.C. (temporarily assigned).

The plaintiff, executor and trustee of the estate of Marie A. Munn who died November 21, 1949, seeks a construction of her will and instructions concerning his duties thereunder to use the corpus of the estate for the benefit of the defendant Genevieve B. Whittemore, and instructions whether he should pay or litigate a federal estate tax deficiency assessment. Alternatively, he seeks the same relief under the Declaratory...

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