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SEVEL v. SWARZMAN

33 N.J. Super. 198 (1954)

109 A.2d 685

LOUIS SEVEL, INDIVIDUALLY AND LOUIS SEVEL AND GUARANTEE BANK AND TRUST COMPANY, A CORPORATION, EXECUTORS UNDER THE WILL OF FANNIE SWARZMAN, DECEASED, PLAINTIFFS, v. ABRAM SWARZMAN, MAINLAND NATIONAL BANK OF PLEASANTVILLE, A CORPORATION, MORRIS DIAMOND, ABRAHAM DIAMOND, FANNIE LEVINE, FREDA RAPPOPORT, LEAH KEATING AND TOBA RIBA YUDELOWITZ, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 4, 1954.

Attorney(s) appearing for the Case

Mr. M. Milton Singer, for plaintiffs.

Mr. Irving A. Lilienfeld for defendant Abram Swarzman (Messrs. Lilienfeld & Lilienfeld, attorneys).

Mr. Saul W. Arkus for defendant Toba Riba Yudelowitz (Messrs. Backer & Arkus, attorneys).

HANEMAN, J.S.C.

This suit involves the construction of the will of one Fannie Swarzman, and an agreement between Fannie Swarzman and her husband Abram Swarzman. The facts in connection herewith are as follows:

On or about April 30, 1943 Fannie Swarzman and her husband Abram Swarzman entered into the following agreement:

"It is understood and agreed between Abram Swarzman and Fannie Swarzman, as follows:

In consideration of the completion of...

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