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

96 N.J. Super. 428 (1967)

233 A.2d 195

MONTCLAIR NATIONAL BANK AND TRUST COMPANY, ET AL., EXECUTORS UNDER THE WILL OF FRANCIS M. CRAWLEY, DECEASED, PLAINTIFFS-RESPONDENTS, v. SETON HALL COLLEGE OF MEDICINE AND DENTISTRY, SETON HALL UNIVERSITY, THE ROMAN CATHOLIC DIOCESE OF NEWARK, LITTLE SISTERS OF THE POOR, ETC., AND ST. JAMES HOSPITAL OF NEWARK, DEFENDANTS-APPELLANTS, AND EILEEN CRAWLEY PHELAN (AND SEVEN OTHERS), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 18, 1967.

Attorney(s) appearing for the Case

Mr. Thomas H. Gassert argued the cause for appellants Seton Hall College of Medicine and Dentistry, Seton Hall University and The Roman Catholic Diocese of Newark (Messrs. Gassert and Murphy, attorneys; Mr. Joseph A. Clarken, Jr., on the brief).

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

Mr. Ira C. Moore, Jr., argued the cause for appellant, Saint James Hospital of Newark (Messrs. Whiting, Moore, Hunoval & Herman, attorneys).

Mr. Max Spinrad, Deputy Attorney General argued the cause for respondent New Jersey College of Medicine & Dentistry (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

No brief or appearance for respondents Montclair National Bank and Trust Company, et al., Executors.

Before Judges LEWIS, LABRECQUE and KOLOVSKY.

The opinion of the court was delivered by LEWIS, J.A.D.

This proceeding was instituted by the executors of the estate of Francis M. Crawley, deceased, for judicial instructions relative to the disposition of a 1/18th share distributable under the residuary clause of testator's will. These consolidated appeals are by defendants who are some of the residuary legatees under the will. They appeal from a Chancery Division judgment directing that testator's gift of that...

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