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Montclair National Bank and Trust Co. v. Seton Hall College of Medicine and Dentistry

Decided: March 5, 1966.

MONTCLAIR NATIONAL BANK AND TRUST COMPANY, TERENCE J. MCHUGH AND THOMAS A. CULLEN, EXECUTORS UNDER THE WILL OF FRANCIS M. CRAWLEY, DECEASED, PLAINTIFFS,
v.
SETON HALL COLLEGE OF MEDICINE AND DENTISTRY, SETON HALL UNIVERSITY, EILEEN CRAWLEY PHELAN AND MONTCLAIR NATIONAL BANK AND TRUST COMPANY, EXECUTORS UNDER THE WILL OF MARY EMELIA CRAWLEY, DECEASED, EILEEN CRAWLEY PHELAN, FRANCIS THOMAS CRAWLEY, CALDWELL COLLEGE FOR WOMEN, THE ROMAN CATHOLIC DIOCESE OF NEWARK, NEW YORK PROVINCE OF THE SOCIETY OF JESUS, LITTLE SISTERS OF THE POOR, NEWARK, NEW JERSEY, HOME FOR THE AGED, ST. JAMES HOSPITAL OF NEWARK, ST. JOSEPH'S HOSPITAL, ST. MARY'S HOSPITAL, NEW JERSEY COLLEGE OF MEDICINE AND DENTISTRY, DEFENDANTS



Herbert, J.s.c.

Herbert

Plaintiffs Montclair National Bank and Trust Company, Terence J. McHugh, and Thomas A. Cullen, executors under the will of Francis M. Crawley, deceased, have sued for instructions concerning payment of a fractional share of the residue of the estate.

Mr. Crawley, a resident of Montclair, died on May 21, 1963, leaving a last will and testament dated March 20, 1962, which was duly probated on June 7, 1963. After a number of gifts, absolute and in trust, to various beneficiaries (about which there are no questions), the will provides as follows for the disposition of the balance of the estate:

"SEVENTEENTH: All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, I give, devise and bequeath as follows:

1. One-Eighteenth (1/18) to Seton Hall University Medical School [ sic ] at Jersey City, New Jersey.

2. One Eighteenth (1/18) to Seton Hall University at South Orange, New Jersey.

3. One-Ninth (1/9) to my sister, Mary Amelia Crawley.

4. One-Ninth (1/9) to my niece, Eileen Crawley Phelan.

5. One-Ninth (1/9) to my nephew, Francis Thomas Crawley.

6. One-Ninth (1/9) to the Caldwell College for Women.

7. One-Ninth (1/9) to the Roman Catholic Diocese of Newark, New Jersey.

8. One-Ninth (1/9) to New York Province of the Society of Jesus of New York City, New York.

9. One-Ninth (1/9) to the Little Sisters of the Poor, of Newark, New Jersey.

10. One-Ninth (1/9) to be equally divided among St. Joseph's Hospital, in Paterson, New Jersey, St. Mary's Hospital in Orange, New Jersey, and St. James Hospital in Newark, New Jersey.

In the event that any of the residuary beneficiaries herein named shall predecease me, I give, devise and bequeath his or her said fractional share equally to surviving residuary beneficiaries."

It is the legacy to "Seton Hall University Medical School," item No. 1 of this list of ten residuary legacies, which raises questions that need to be answered here. Seton Hall College of Medicine and Dentistry was incorporated in 1954. Although the testator did not use the full corporate title, there can be no question ...


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