FITZGERALD v. BARNHILL


24 N.J. Super. 541 (1953)

95 A.2d 26

FRANK FITZGERALD, ET ALS., PLAINTIFFS, v. AGNES FITZGERALD BARNHILL, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 16, 1953.


Attorney(s) appearing for the Case

Messrs. Heller & Laiks, attorneys for plaintiffs.

Mr. David S. Bingham, attorney for defendant Agnes Fitzgerald Barnhill (Mr. William M. McConnell, of counsel).


STEIN, J.S.C.

Plaintiffs bring this suit for partition in which they allege themselves to be the heirs and next of kin of Agnes Fitzgerald who died in June 1943 leaving a last will and testament. In the second paragraph of her will she gave to her husband, William Fitzgerald, the premises number 27 Newark Avenue, Bloomfield, New Jersey, "for his use and occupation during the term of his natural life." In the third paragraph testatrix gave "the rest, residue and remainder...

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