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BANKERS TRUST CO. v. N.Y., ETC., FOR ANIMALS

17 N.J. Super. 398 (1952)

86 A.2d 138

BANKERS TRUST COMPANY, SURVIVING EXECUTOR OF THE LAST WILL AND TESTAMENT OF WILLIAM J. BERG, DECEASED, PLAINTIFF, v. NEW YORK WOMEN'S LEAGUE FOR ANIMALS, A CORPORATION, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 18, 1952.

Attorney(s) appearing for the Case

Mr. Everett M. Scherer for the plaintiff (Messrs. Riker, Emery & Danzig, attorneys).

Mr. Ernest L. Quackenbush for the defendant New York Women's League for Animals.

Mr. Alfred C. Clapp for the defendants Geisse Fuguet and Dorothy K. Fuguet as executrix, etc.

Mr. Maurice E. Gold for Mr. J. Albert Homan, appointed to represent unknown defendants and as guardian ad litem for unknown infant defendants.

FREUND, J.S.C.

The plaintiff, sole surviving executor of the estate of William J. Berg, deceased, filed this proceeding for construction of the decedent's will. The main problem pertains to the following bequest of the residuary estate contained in paragraph 13 of Article III of the will:

"* * * up to Two Hundred Thousand Dollars ($200,000.) (free of tax), I give, devise and bequeath unto the NEW YORK WOMEN'S LEAGUE FOR ANIMALS, INC., a corporation organized...

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