MANGAN v. MANGAN


40 N.J. Super. 99 (1956)

122 A.2d 183

HARRY NORRIS MANGAN AND ELLA W.S. MANGAN, HIS WIFE, ERMA HILL AND ELMER HILL, HER HUSBAND, EDGAR D. NEWTON, JR. AND MARIAN H. NEWTON, HIS WIFE, NORRIS M. NEWTON AND NORMA J. NEWTON, HIS WIFE, PLAINTIFFS, v. ANNA MANGAN, EARL MANGAN, VERNA FETTERS AND HARRY FETTERS, HER HUSBAND, GRACE PETERSON, RALPH MANGAN, ARNETTA FITHIAN AND ALVIN FITHIAN, HER HUSBAND, CHARLES MANGAN AND LYDIA MANGAN, HIS WIFE, NAOMI LYNCH AND MASON LYNCH, HER HUSBAND, ROBERT BURTON, MONROE SPEIGH AND CATHERINE HENSON, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 12, 1956.


Attorney(s) appearing for the Case

Mr. Oakford W. Action, Jr., for plaintiffs.

Mr. Melbourne H. Beebe, for defendants.


HANEMAN, J.S.C.

This is a partition suit. All of the issues involved have been resolved by the parties except the plaintiffs' demand for an accounting from the defendants of the rents, issues and profits from 1939 to 1951.

The facts in connection herewith are as follows: George B. Mangan died on April 18, 1910 leaving a last will and testament, which provided, as far as here pertinent, as follows:

"First — After all my lawful debts are paid...

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