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FIDELITY UNION TRUST CO. v. CAVANAGH

61 N.J. Super. 96 (1960)

160 A.2d 308

FIDELITY UNION TRUST COMPANY, A NEW JERSEY CORPORATION, AS TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF PETER F. FLOOD, DECEASED, AS ADMINISTRATOR C.T.A. OF THE ESTATE OF ELIZABETH G. FLOOD, DECEASED, AND AS ADMINISTRATOR OF THE ESTATE OF MABEL G. CROSSMAN, DECEASED, PLAINTIFF, v. EDWARD F. CAVANAGH, JR., AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF EDITH FLOOD CAVANAGH, DECEASED, HENRY F. ROBERT, INDIVIDUALLY, AND HENRY F. ROBERT, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF GRACE F. ROBERT, DECEASED, AND PETER F. CROSSMAN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 8, 1960.

Attorney(s) appearing for the Case

Messrs. Riker, Danzig, Marsh & Scherer (Mr. Edward J. Brown, appearing), attorneys for plaintiff.

Messrs. Brogan & Wolff (Mr. Thomas J. Brogan, appearing), attorneys for defendant Edward F. Cavanagh, Jr., executor of the estate of Edith Flood Cavanagh, deceased.

Messrs. Clapp & Eisenberg (Mr. Alfred C. Clapp, appearing), attorneys for defendant, Henry F. Robert, individually, and Henry F. Robert as executor of the last will and testament of Grace F. Robert, deceased.

Messrs. Pitney, Hardin & Ward (Mr. William H. Osborne, Jr., appearing), attorneys for defendant, Peter F. Crossman.

COLIE, J.S.C.

Fidelity Union Trust Company, in the three-fold capacities as trustee under the last will and testament of Peter F. Flood, deceased, as administrator c.t.a. of the estate of Elizabeth G. Flood, and as administrator of the estate of Mabel G. Crossman, seeks construction of the will of Peter F. Flood and instructions as to payment and distribution of income and principal of the trust estate. The facts are not in dispute. Peter F. Flood died April...

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