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MT. FREEDOM PRESBYTERIAN CHURCH v. OSBORNE

81 N.J. Super. 441 (1963)

195 A.2d 907

MT. FREEDOM PRESBYTERIAN CHURCH, A NEW JERSEY RELIGIOUS CORPORATION, PLAINTIFF, v. SELWYN H. OSBORNE AND TRUST COMPANY OF MORRIS COUNTY, TRUSTEE UNDER THE WILL OF THE LATE ANNA CAROLINE DRAKE OSBORNE, DECEASED, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 21, 1963.

Attorney(s) appearing for the Case

Messrs. Hillas & Thierfelder for plaintiff (Mr. Erhard B. Thierfelder appearing).

Mr. Eugene F. Hillery for defendant Selwyn H. Osborne.

Mr. Arthur G. Baker for defendant Trust Company of Morris County, Trustee, etc.

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

This is an action for declaratory judgment for an apportionment of the proceeds of sale of a right of way among vested remainderman and life tenants.

Anna Caroline Drake Osborne died a resident of Morris County, leaving a last will and testament probated before the Surrogate of that county. In and by the third paragraph of her will defendant Selwyn H. Osborne was devised a life estate in certain real estate known as the...

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