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GOLDEN v. CASA PER SACERDOTI VECCHI ED INVALIDI

30 N.J. Super. 242 (1954)

104 A.2d 71

JULIUS J. GOLDEN, EXECUTOR UNDER THE WILL OF ANGELICA CELLA, DECEASED, PLAINTIFF-RESPONDENT, v. CASA PER SACERDOTI VECCHI ED INVALIDI, AND HIS HOLINESS POPE PIUS XII, DEFENDANTS-RESPONDENTS, AND UMBERTO DeGANO, HUGO DeGANO, OSCAR DeGANO AND MARGARET DeGANO, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1954.

Attorney(s) appearing for the Case

Messrs. Maurice A. Potter and Sidney Alpern argued the cause for defendants-appellants (Mr. Peter N. Perretti, Mr. Alpern and Messrs. Potter and Fisher, attorneys).

Mr. John J. Rafferty argued the cause for defendants-respondents.

Before Judges EASTWOOD, JAYNE and CLAPP.

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

By this action, the executor under the will of Angelica Cella laid before the court for construction and instructions, the residuary paragraph of her will, reading thus:

"I give, devise and bequeath all of the rest, residue and remainder of my estate, whether real, personal or mixed, wheresoever situate, whereof I may die seized or possessed to such Catholic Home for the Aged in the Town of Uldine in...

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