SMALL v. TUCKER


61 N.J. Super. 553 (1960)

161 A.2d 561

HELEN BEATTIE SMALL, WIDOW, JAMES C. BEATTIE, JR., AND MAE I. BEATTIE, HIS WIFE, MARGARET BEATTIE PALMER AND PRESCOTT W. PALMER, HER HUSBAND, PLAINTIFFS, v. HELEN TUCKER AND F. PHILIP TUCKER, HER HUSBAND, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 3, 1960.


Attorney(s) appearing for the Case

Mr. Charles R.L. Hemmersley, attorney for the plaintiffs.

Messrs. Potter and Fisher, attorneys for the defendants.


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

This is an action for the partition of certain lands and premises and seeking an accounting for rent since the death of last life tenant; and a counterclaim.

Having heard testimony and considered the arguments and memoranda of the respective attorneys, there appears to me to be two principal questions to be determined by the court:

1. Determination of the fractional interest of the parties in question.

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