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FIDELITY UNION TRUST CO. v. EGENOLF DAY NURSERY ASS'N

64 N.J. Super. 445 (1960)

166 A.2d 402

FIDELITY UNION TRUST COMPANY, A NEW JERSEY CORPORATION, AS TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF LENA EGENOLF, DECEASED, PLAINTIFF, v. EGENOLF DAY NURSERY ASSOCIATION OF ELIZABETH, NEW JERSEY, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 6, 1960.

Attorney(s) appearing for the Case

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

Messrs. Pollis, Williams & Pappas, attorneys for defendant Egenolf Day Nursery Association (Mr. Phidias L. Pollis, appearing).

Messrs. Darcy & Murray, attorneys for defendants Grace E. Mitchell et al. (Mr. Alex Lazorisak, of counsel).

Mr. George Warren, representative and guardian ad litem.

SIMMILL, J.C.C. (temporarily assigned).

Plaintiff herein, as testamentary trustee under the last will and testament of Lena Egenolf, deceased, has instituted this proceeding for a construction of the will and for the court's instructions as to the trust established thereby.

Lena Egenolf, the decedent, died on May 15, 1942, leaving a last will and testament dated November 2, 1938. Paragraphs 4 and 5 of the will are as follows:

"Fourth: All the rest...

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