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FIDELITY UNION TRUST CO. v. ROBERT

36 N.J. 561 (1962)

178 A.2d 185

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, DECEASED, DEFENDANT-RESPONDENT, AND EDWARD F. CAVANAGH, JR., AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF EDITH FLOOD CAVANAGH, DECEASED, AND PETER F. CROSSMAN, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided February 19, 1962.

Attorney(s) appearing for the Case

Mr. Marshall Crowley argued the cause for the defendant-appellant Edward F. Cavanagh, Jr., as executor, etc. (Messrs. Brogan & Wolff, attorneys; Mr. Henry F. Wolff, Jr., of counsel).

Mr. William H. Osborne, Jr., argued the cause for the defendant-appellant Peter F. Crossman (Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. Alfred C. Clapp argued the cause for the respondent Henry F. Robert, individually, etc. (Messrs. Clapp & Eisenberg, attorneys).

The opinion of the court was delivered by JACOBS, J.

This is a will construction case in which the Appellate Division filed a comprehensive opinion. See Fidelity Union Trust Co. v. Robert, 67 N.J.Super. 564 (App. Div. 1961). We granted certification on applications by Peter F. Crossman and Edward F. Cavanagh, Jr., executor of the estate of Edith Flood Cavanagh.

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