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MACFADDEN v. MACFADDEN

46 N.J. Super. 242 (1957)

134 A.2d 531

MARY MACFADDEN, PLAINTIFF, v. BERNARR MACFADDEN, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided August 28, 1957.

Attorney(s) appearing for the Case

Messrs. Carpenter, Bennett, Beggans & Morrissey (Mr. Charles B. Collins, appearing), attorneys for plaintiff.

Messrs. Losche & Losche (Mr. George F. Losche, appearing), attorneys for defendant Bernarr Macfadden Foundation, Inc.

Mr. W. Eugene Can Filippo, attorney for executors of the estate of Bernarr Macfadden, deceased.

FREUND, J.S.C.

This is an action for specific performance of a provision in a separation agreement.

On April 7, 1932 Bernarr Macfadden, now deceased, and the plaintiff Mary Macfadden, husband and wife since 1913, entered into a separation agreement which expressly provided that he would supply her with a home during her lifetime by permitting her and their children "to use the home in Englewood, New Jersey; or" by alternative provisions of no present concern...

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