KENNEDY v. MOCKLER


38 N.J. Super. 35 (1955)

118 A.2d 93

FRANK T. KENNEDY, ET AL., PLAINTIFFS-RESPONDENTS, v. ALFRED J. MOCKLER, ET AL., DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 1955.


Attorney(s) appearing for the Case

Mr. Robert Carey, Jr., argued the cause for defendants-appellants and cross-respondents Telford, DeFilippo, Gallo, Guth, Conroy and the estate of Belle Saul (Messrs. Carey, Schenk & Jardine, attorneys for defendant-appellant and cross-respondent Telford; Messrs. Stryker, Tams & Horner, attorneys for defendants-appellants and cross-respondents DeFilippo and Gallo (Mr. James E.M. Tams, of counsel); Messrs. Albinson & Welle, attorneys for defendants-appellants and cross-respondents Guth, Conroy and the estate of Belle Saul (Mr. George Welle, of counsel)).

Mr. A. Leo Bohl appeared for defendant-respondent Alfred J. Mockler.

Mr. Marshall Crowley argued the cause for defendants-respondents Annie Mockler and Marguerite Connolly (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys).

Mr. Edward L. Duggan argued the cause for plaintiffs-respondents and cross-appellants Kennedy and First National Bank of Montclair, executors under the will and codicil of Denis James Mockler.

Before Judges GOLDMANN, FREUND and CONFORD.


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

Defendants Kathleen Telford, Dorothy Pennington DeFilippo, Kathleen Gallo, Dorothy Guth, Agnes Conroy and the estate of Belle Saul appeal from a judgment of the Chancery Division directing a distribution of the residuary estate of Denis James Mockler, deceased, among all of the 14 legatees named in paragraphs Seventh through Twentieth of his will in proportion to the amount of their bequests as set forth...

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