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FIDELITY UNION TRUST CO. v. ROBERT

67 N.J. Super. 564 (1961)

171 A.2d 348

FIDELITY UNION TRUST COMPANY, A NEW JERSEY CORPORATION, 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, DECEASED, AND AS ADMINISTRATOR OF THE ESTATE OF MABEL G. CROSSMAN, DECEASED, PLAINTIFF-RESPONDENT, v. HENRY F. ROBERT, INDIVIDUALLY AND AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF GRACE F. ROBERT, DEFENDANT-APPELLANT, AND EDWARD F. CAVANAGH, JR., AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF EDITH FLOOD CAVANAGH, DECEASED, PETER F. CROSSMAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1961.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp argued the cause for appellant Robert (Messrs. Clapp & Eisenberg, attorneys).

Mr. William H. Osborne, Jr. argued the cause for respondent Crossman (Messrs. Pitney, Hardin & Ward, attorneys).

Mr. Henry F. Wolff, Jr. argued the cause for respondent Cavanagh (Messrs. Brogan & Wolff, attorneys; Mr. Thomas J. Brogan, of counsel).

Mr. Edward J. Brown argued the cause for respondent Fidelity Union Trust Co. (Messrs. Riker, Danzig, Marsh & Scherer, attorneys; Mr. Alvin Weiss, on the brief).

Before Judges GOLDMANN, FOLEY and COLLESTER.

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

Fidelity Union Trust Company, in its three-fold capacity as trustee under the last will and testament of Peter F. Flood, administrator c.t.a. of the estate of Elizabeth G. Flood, and administrator of the estate of Mabel G. Crossman, brought this action in the Chancery Division seeking construction of the will of Peter F. Flood and instructions as to...

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