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Cummins v. Murphy

Decided: April 7, 1949.

PATRICK J. CUMMINS ET AL., PLAINTIFFS,
v.
MARGARET MURPHY ET AL., DEFENDANTS



Civil Action.

Kays, J.s.c.

Kays

The complaint herein seeks partition of a parcel of land located in Jersey City upon which is constructed a two-family house. The counterclaim of Edward G. Rennar prays for construction of the will of John P. Dolan.

As I stated on the day of the trial, the real property is incapable of actual partition. It is my opinion, therefore, that it should be sold and the proceeds divided among those entitled to take under the will of said Dolan, deceased.

John P. Dolan died on September 9, 1947. He left a will which, after proceedings in the Hudson County Orphans' Court, was admitted to probate. The will reads as follows:

"Jersey City, N.J.

Sept. 6/47

The names of person's below will share in my Estate upon my demis. this is my last Will and Testament

Mrs. Margaret Murphy

Mrs. Agnes Harter (nee) Smith

Teresa ...


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