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WILSON v. MILLER

25 N.J. Super. 280 (1953)

96 A.2d 283

WILMER WILSON AND REBA WILSON, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. MARY MILLER, ET VIR., ET ALS., FRANK BROTHERTON, GLADYS A. BROTHERTON, HIS WIFE, LILLIAN B. HELLIER, WALTER R. HELLIER, HER HUSBAND, ET ALS., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1953.

Attorney(s) appearing for the Case

Mr. C. Zachary Seltzer argued the cause for defendants-appellants (Mr. Sidney W. Bookbinder, attorney).

Mr. James M. Davis, Jr., argued the cause for plaintiffs-respondents.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by GOLDMANN, J.A.D.

This is an appeal from a summary judgment in plaintiffs' favor in a partition action brought by them in the Superior Court, Chancery Division, as alleged owners of an undivided one-ninth interest in certain lands under the will of Elizabeth A. Hays.

Testatrix was in her lifetime seized of a 73-acre farm property on the Delaware River, situate partly in the Township of Florence and partly in the Township...

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