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TIZARD v. ELDREDGE

25 N.J. Super. 477 (1953)

96 A.2d 689

ROSALIE V. TIZARD. PLAINTIFF-APPELLANT, v. SAMUEL F. ELDREDGE, EXECUTOR UNDER THE WILL OF RICHARD C. TIZARD, DECEASED, AND WILLIAM ESSEN TIZARD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1953.

Attorney(s) appearing for the Case

Mr. Warren C. Douglas argued the cause for the plaintiff-appellant (Mr. Walter S. Keown, attorney).

Mr. Jonathan W. Acton argued the cause for the defendants-respondents (Mr. Samuel F. Eldredge, executor under the will of Richard C. Tizard, pro se).

Before Judges EASTWOOD, BIGELOW and JAYNE.

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

Plaintiff-appellant, Rosalie V. Tizard, filed a complaint in the Chancery Division, seeking a construction of the Fifth paragraph of the will of her late brother, Richard C. Tizard, deceased, providing as follows:

"Fifth: I give and bequeath unto my sister ROSALIE V. TIZARD, the sum of TWO THOUSAND DOLLARS ($2,000.00) provided she spends the rest of her days in the Presbyterian Home located in the...

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