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IN RE HENDERSON'S WILL

40 N.J. Super. 297 (1956)

123 A.2d 78

IN THE MATTER OF THE REMOVAL FROM THE STATE OF THE PROPERTY COMPRISING THE TRUST UNDER THE LAST WILL AND TESTAMENT OF HOWARD M. HENDERSON, DECEASED.

Superior Court of New Jersey, Chancery Division.

Decided May 29, 1956.

Attorney(s) appearing for the Case

Messrs McCarter, English & Studer (Mr. Augustus C. Studer, Jr., appearing), attorneys for plaintiffs.

SULLIVAN, J.S.C.

This is an application by the plaintiffs to remove a trust estate from New Jersey to the State of California pursuant to N.J.S. 3A:23-1, which provides as follows:

"When a ward, whether mental incompetent or minor, or a cestui que trust, or all the cestuis que trustent in esse, is or, all of them, are nonresidents of this state and is or are entitled to personal or real property in this state and the guardian or...

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