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METZDORF v. RUMSON

67 N.J. Super. 121 (1961)

170 A.2d 249

WILLIAM J. METZDORF, INDIVIDUALLY AND ADMINISTRATOR, ETC., PLAINTIFF-RESPONDENT, v. BOROUGH OF RUMSON, A MUNICIPALITY OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND ARTHUR ERICSON, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Mr. William R. Blair, Jr. argued the cause for appellant (Messrs. Parsons, Canzona, Blair & Smith, attorneys).

Mr. Patrick J. McGann, Jr. argued the cause for respondents (Messrs. Reussille, Cornwell, Mausner & Carotenuto, attorneys; Mr. McGann, of counsel and on the brief).

Before Judges CONFORD, FREUND and KILKENNY.

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

Charles Metzdorf died on January 1, 1957, owning a tract of property situate in the Borough of Rumson, and measuring about 1,000 feet in depth and about 100 feet in width. The property fronts on River Road and runs to the North Shrewsbury River. By paragraph Tenth of his will, Metzdorf devised, by metes and bounds, the northerly half of the tract to defendants Arthur and Brita Ericson and their daughter, Barbara...

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