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IN RE ESTATE OF COMLY

90 N.J. Super. 498 (1966)

218 A.2d 175

IN THE MATTER OF THE ESTATE OF MARY COMLY, DECEASED.

Superior Court of New Jersey, Gloucester County Court, Probate Division.

Decided March 1, 1966.

Attorney(s) appearing for the Case

Mr. David E. Crabtree, attorney for plaintiff Helen B. Heughan.

Messrs. Hannold & Hannold, attorneys for First County National Bank & Trust Company, trustee under will of Mary Comly, deceased.

Mr. Joseph H. Enos, attorney for defendant Dorothye Comly Crawford.

Mr. Samuel P. Comly, III, pro se.

KRAMER, J.C.C.

This is a proceeding brought by Helen B. Heughan, an adopted daughter of Captain Samuel P. Comly, Jr., to compel distribution to her of a one-third portion of a trust fund established under the will of Mary Comly, Captain Comly's half-sister. (Captain Comly is referred to in the will merely as "my brother.") The basis of plaintiff's claim is that she is a daughter of Captain Comly within the meaning of the fifth clause of the will of Mary Comly.

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