CAHILL v. MONAHAN


58 N.J. Super. 54 (1959)

155 A.2d 282

HELEN C. CAHILL, PLAINTIFF-APPELLANT, v. MARY M. MONAHAN, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOHN F. MONAHAN, DECEASED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 9, 1959.


Attorney(s) appearing for the Case

Mr. Joseph F. Walsh argued the cause for appellant (Messrs. Bracken & Walsh, attorneys).

Mr. John F. Lynch argued the cause for respondent (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys; Mr. Lynch and Miss Rose Marie Cassaro, of counsel and on the brief).

Before Judges GOLDMANN, CONFORD and FREUND.


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

Plaintiff appeals from an adverse judgment of the Chancery Division determining that the precatory language appearing in her father's will did not create a trust in her favor.

Testator married Laura Carverry in 1899. She died in 1922, leaving as survivors her husband and a daughter (plaintiff). In 1923 he married defendant, and the issue of that marriage...

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