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GUERIN v. CASSIDY

38 N.J. Super. 454 (1955)

119 A.2d 780

CHARLES L. GUERIN, EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF ROSE M. GALLAGHER, DECEASED, PLAINTIFF, v. ROSE A. CASSIDY AND HIS EXCELLENCY, THE MOST REVEREND JOHN F. O'HARA, C.S.C., ARCHBISHOP OF PHILADELPHIA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 20, 1955.

Attorney(s) appearing for the Case

Mr. Augustine A. Repetto, for plaintiff (Messrs. Bolte & Repetto, attorneys).

Mr. Clarence Blitz, for defendant Rose A. Cassidy.

Mr. Albert A.F. McGee, for defendant The Most Reverend John F. O'Hara, C.S.C., Archbishop of Philadelphia.

HANEMAN, J.S.C.

The plaintiff herein seeks instructions concerning the last will and testament of Rose M. Gallagher, deceased, and a judgment against defendant Cassidy for an alleged debt due the estate of Rose M. Gallagher from the defendant Cassidy.

The facts and conclusions in connection herewith are as follows: On August 11, 1953 Rose M. Gallagher, then 89 years of age, died a resident of Atlantic County, leaving a last will and testament, which was duly...

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