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DE LEO v. MAFFEE

19 N.J. Super. 307 (1952)

88 A.2d 359

LOUIS DE LEO, SALVATORE PELLECHIO, AND GEORGE W. ALLGAIR, EXECUTORS UNDER THE WILL OF SABATO DE LEO, DECEASED, PLAINTIFFS, v. CARMELLA DE LEO MAFFEE, MINNIE DE LEO, MARGARET DENIS, ANTOINETTE EDEN, FANNIE HOWARTH, AND LOUIS DE LEO, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 2, 1952.

Attorney(s) appearing for the Case

Mr. George W. Allgair, attorney for plaintiffs.

Mr. Augustus S. Dreier, attorney for defendant Carmella De Leo Maffee.

Mr. Russell Fleming, attorney for defendants Minnie De Leo, Margaret Denis, Antoinette Eden, Fannie Howarth, and Louis De Leo.

EWART, J.S.C.

Plaintiffs, as executors of the will of Sabato De Leo, deceased, bring this suit for the construction of the seventh paragraph of decedent's will, which reads as follows:

"SEVENTH: In event I shall not be married at the time of my decease, and shall not be residing with a wife legally married to me at the time of my decease, I then order and direct my executors hereinafter named to convert the residue of my estate to money, as soon after my decease...

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