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IN RE MILLER

90 N.J. 210 (1982)

447 A.2d 549

IN THE MATTER OF THE ESTATE OF ALTON GLENN MILLER, DECEASED.

The Supreme Court of New Jersey.

Decided July 13, 1982.

Attorney(s) appearing for the Case

Jerome C. Eisenberg argued the cause for appellant, David Mackay, Jr., (Clapp & Eisenberg, attorneys; Jerome C. Eisenberg, Susan S. Singer, Stuart L. Pachman, and Terence P. O'Reilly, a member of the New York Bar, on the brief).

John R. Orlovsky argued the cause for respondent Stephen Miller (Orlovsky, Grasso & Orlovsky, P.A. attorneys; John R. Orlovsky, Ronald E. Hoffman and Martin J. Arbus on the brief).

Bruce D. Shoulson argued the cause for respondent Jonnie Soper (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Bruce D. Shoulson on the brief).

The opinion of the Court was delivered by CLIFFORD, J.

This appeal questions a trial court decision, affirmed by the Appellate Division, that an interest in royalties terminated on a specific date. The issue turns on interpretation of the contract granting that interest. The Chancery Division determined that a transfer by the widow of Alton Glenn Miller (Glenn Miller) to the appellant's father, David Mackay, now deceased, of a one-third

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