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BANK OF BOGOTA v. HESS

27 N.J. Super. 91 (1953)

98 A.2d 696

BANK OF BOGOTA, EXECUTOR AND TRUSTEE UNDER THE CONJOINT WILL OF CARL I. DINGFELDER AND LINA DINGFELDER, PLAINTIFF, v. WILLIS R. HESS AND BEN STRAUSS, EXECUTORS OF THE LAST WILL AND TESTAMENT OF LINA DINGFELDER, DEFENDANTS. JULIUS DINGFELDER, PLAINTIFF, v. WILLIS R. HESS AND BEN STRAUSS, EXECUTORS OF THE LAST WILL AND TESTAMENT OF LINA DINGFELDER, DECEASED, ET ALS., DEFENDANTS. BELLA MARK, PLAINTIFF, v. WILLIS R. HESS AND BEN STRAUSS, EXECUTORS OF THE LAST WILL AND TESTAMENT OF LINA DINGFELDER, DECEASED, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided July 28, 1953.

Attorney(s) appearing for the Case

Mr. Bruce H. Losche, attorney for plaintiff Bank of Bogota.

Messrs. Winne & Banta, attorneys for plaintiff Julius Dingfelder.

Mr. Walter H. Jones, attorney for plaintiff Bella Mark.

Messrs. Morrison, Lloyd & Griggs, attorneys for defendants Willis R. Hess and Ben Strauss.

Messrs. Breslin & Breslin, attorneys for defendants Vorsanger, Spigel and Wise.

GRIMSHAW, J.S.C.

On June 27, 1940 Carl I. Dingfelder and Lina, his wife, executed a joint will, of which the introductory statement is as follows:

"We, CARL I. DINGFELDER and LINA DINGFELDER, of Bogota, New Jersey, do hereby make, publish and declare this to be our conjoint, mutual and irrevocable last Will and Testament, hereby revoking any and all testamentary dispositions by us, or either of us, either singly or jointly, at any time heretofore made."

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