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MONTCLAIR NAT. BK. & TR. CO. v. SETON HALL COL.

90 N.J. Super. 419 (1966)

217 A.2d 897

MONTCLAIR NATIONAL BANK AND TRUST COMPANY, TERENCE J. McHUGH AND THOMAS A. CULLEN, EXECUTORS UNDER THE WILL OF FRANCIS M. CRAWLEY, DECEASED, PLAINTIFFS, v. SETON HALL COLLEGE OF MEDICINE AND DENTISTRY, SETON HALL UNIVERSITY, EILEEN CRAWLEY PHELAN AND MONTCLAIR NATIONAL BANK AND TRUST COMPANY, EXECUTORS UNDER THE WILL OF MARY EMELIA CRAWLEY, DECEASED, EILEEN CRAWLEY PHELAN, FRANCIS THOMAS CRAWLEY, CALDWELL COLLEGE FOR WOMEN, THE ROMAN CATHOLIC DIOCESE OF NEWARK, NEW YORK PROVINCE OF THE SOCIETY OF JESUS, LITTLE SISTERS OF THE POOR, NEWARK, NEW JERSEY, HOME FOR THE AGED, ST. JAMES HOSPITAL OF NEWARK, ST. JOSEPH'S HOSPITAL, ST. MARY'S HOSPITAL, NEW JERSEY COLLEGE OF MEDICINE AND DENTISTRY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 5, 1966.

Attorney(s) appearing for the Case

Messrs. Connell & Andresakes for plaintiff executors (Mr. Raymond C. Connell, appearing).

Messrs. Gassert & Murphy for defendants Seton Hall College of Medicine and Dentistry, Seton Hall University, and The Roman Catholic Diocese of Newark (Mr. Thomas H. Gassert, appearing).

Mr. Arthur J. Sills, Attorney General, for defendant New Jersey College of Medicine and Dentistry (Mr. James S. Oliver, appearing).

Messrs. Crummy, Gibbons & O'Neill for Little Sisters of the Poor (Mr. Frank J. Vecchione, appearing).

Messrs. Whiting, Moore, Hunoval & Herman for defendant St. James Hospital of Newark (Mr. Ira C. Moore, Jr., appearing).

Mr. William F. Johnson, for defendant St. Joseph's Hospital.

HERBERT, J.S.C.

Plaintiffs Montclair National Bank and Trust Company, Terence J. McHugh, and Thomas A. Cullen, executors under the will of Francis M. Crawley, deceased, have sued for instructions concerning payment of a fractional share of the residue of the estate.

Mr. Crawley, a resident of Montclair, died on May 21, 1963, leaving a last will and testament dated March 20, 1962, which was duly probated on June...

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