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LAUER v. McALLISTER

37 N.J. Super. 339 (1955)

117 A.2d 305

MARGARET LAUER, PLAINTIFF-RESPONDENT, v. ALBERT R. McALLISTER, JR., EXECUTOR OF THE LAST WILL AND TESTAMENT OF HENRY M. HANNAN, DECEASED, AND ALBERT R. McALLISTER, JR., IND., AND J. HOWARD McALLISTER AND CAROLYN McALLISTER, DEFENDANTS-APPELLANTS, AND EMILY MORRIS, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1955.

Attorney(s) appearing for the Case

Mr. LeRoy W. Loder argued the cause for plaintiff-respondent (Mr. Samuel P. Orlando, of counsel).

Mr. William C. Gotshalk argued the cause for defendants-appellants.

Before Judges CLAPP, JAYNE and FRANCIS.

PER CURIAM.

The opinion filed below by Judge Haneman will be found in 35 N.J.Super. 596 (Ch. Div. 1955). In the course of that opinion (35 N.J. Super., at page 600) it was said:

"It is even more conceivable, having in mind the discrepancy in their ages, that the testator and the scrivener of the will never considered that Albert R. McAllister would...

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