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FIDELITY UNION TRUST CO. v. BERENBLUM

83 N.J. Super. 65 (1964)

198 A.2d 826

FIDELITY UNION TRUST COMPANY, A TRUST COMPANY OF THE STATE OF NEW JERSEY; MARGARET BERENBLUM, HARRY POTOLSKY, AND SAMUEL BERENBLUM, AS EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF HARRY BERENBLUM, PLAINTIFFS, v. MARGARET BERENBLUM, HARRY POTOLSKY, ARCHIE POTOLSKY, NATHAN POTOLSKY, MORRIS POTOLSKY, NAOMI KATZ, GERTRUDE TOBIAS, BERNICE VARON, HAROLD KATZ, SYLVIA COHEN, SAM BERENBLUM, ROSE BERENBLUM, MIRIAM YODOWITZ, ESTHER COOMBS, AND YETTA FIEDLER, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 6, 1964.

Attorney(s) appearing for the Case

Mr. Martin Roth, attorney for plaintiffs.

Mr. Harry Schaffer, attorney for defendant Margaret Berenblum.

Messrs. Kristeller, Zucker, Lowenstein & Cohen, attorneys for defendants counterclaimants Harry Potolsky, Archie Potolsky, Nathan Potolsky, Morris Potolsky, Naomi Katz, Gertrude Tobias, Bernice Varon, Harold Katz, Sylvia Cohen, Sam Berenblum, Esther Coombs and Yetta Fiedler (Mr. Saul Zucker, appearing).

HERBERT, J.S.C.

Harry Berenblum died on May 26, 1960. He left a will dated April 30, 1936 in which he named Fidelity Union Trust Company, his wife Margaret Berenblum and his nephews Harry Potolsky and Samuel Berenblum executors and trustees. There is a very substantial estate. Questions having arisen about the content of the estate and its proper distribution, the executors and trustees have brought this suit in which they, as well as other parties, seek a judgment...

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