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Matter of Estate of Emile Pfizer

New Jersey Supreme Court


Decided: December 13, 1954.

IN THE MATTER OF THE ESTATE OF EMILE PFIZER, DECEASED. ALBERT A. TEETER AND NATIONAL CITY BANK OF NEW YORK, TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF EMILE PFIZER, DECEASED, PLAINTIFFS-RESPONDENTS,
v.
OLIVER DUNCAN, AS EXECUTOR OF THE WILL OF HELEN DUNCAN, ET AL., DEFENDANTS-APPELLANTS, CROSS-RESPONDENTS, AND THE CITY OF NEW YORK, ETC., AND ASSOCIATION FOR THE AID OF CRIPPLED CHILDREN, DEFENDANTS-RESPONDENTS, CROSS-APPELLANTS, AND THE PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, ET AL., DEFENDANTS-RESPONDENTS

On appeal from the Chancery Division of the Superior Court, certified by the Supreme Court on its own motion.

For affirmance -- Chief Justice Vanderbilt, and Justices Heher, Oliphant, Wachenfeld, Burling, Jacobs and Brennan. For reversal -- None.

Per Curiam

[17 NJ Page 40] The judgment of the Chancery Division of the Superior Court is affirmed as to the matters appealed from

[17 NJ Page 41]

for the reasons expressed in the opinion filed in that court by Judge Ewart and reported at 33 N.J. Super. 242.

We find no merit in the cross-appeal from the award of counsel fees. The trustees raised the question of the construction of the will in their complaint and there was clearly reasonable doubt as to its meaning. We affirm the trial court's decision on this point.

19541213


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