HENNINGER, P.J., July 21, 1952.
Plaintiffs instituted this action in equity against William N. Eberhard, who had been declared incompetent and who died prior to argument, leaving a last will and testament of which Allentown National Bank was named executor. Since institution of the action, Eberhard's guardian, also Allentown National Bank, obtained control of F. Hersh Hardware Company and without consent
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