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LAUER v. McALLISTER

35 N.J. Super. 596 (1955)

114 A.2d 596

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

Superior Court of New Jersey, Chancery Division.

Decided May 19, 1955.

Attorney(s) appearing for the Case

Mr. Leroy W. Loder, attorney for plaintiff.

Mr. William C. Gotshalk, attorney for defendant Albert R. McAllister, Jr.

Mr. David L. Horuvitz, attorney for defendant Emily Morris.

HANEMAN, J.S.C.

Plaintiff herein seeks the construction of the will of one Henry M. Hannan. She alleges that a gift to Albert R. McAllister under the will of the said Henry M. Hannan lapsed by virtue of his death prior to the death of the testator, he not being one of that class of persons described in N.J.S. 3A:3-13. Since the paragraph of the will providing for the gift, which so lapsed, disposed of the residue of the estate of Henry M. Hannan, plaintiff...

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