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MONTGOMERY v. WILMERDING

26 N.J. Super. 214 (1953)

97 A.2d 745

EGLINTON H. MONTGOMERY, PLAINTIFF, v. LUCIUS WILMERDING, JR., AND PHILIP BASTEDO, EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF LUCIUS WILMERDING, DECEASED, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 24, 1953.

Attorney(s) appearing for the Case

Messrs. Kristeller & Zucker (Mr. Lionel P. Kristeller appearing), attorneys for plaintiff (Mr. Perry D. Trafford, Jr., of the New York Bar, on the brief).

Messrs. Pitney, Hardin & Ward (Mr. Frank C. O'Brien appearing), attorneys for defendants.

STEIN, J.S.C.

Plaintiff brings this suit for a declaratory judgment of the rights of the parties under a certain agreement dated October 1, 1936 made between plaintiff, Eglinton H. Montgomery, Ruth Wilmerding Montgomery and Lucius Wilmerding.

The facts are stipulated. Plaintiff and Ruth Wilmerding Montgomery were formerly husband and wife. Two daughters were born of their marriage. On August 3, 1934 plaintiff and his wife entered into a written agreement in...

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