Carton v. Borden

The opinion of the court was delivered by

Vanderbilt, C. J.

This is an appeal by the plaintiff law firm and Thomas D. Kary as guardian ad lilem of the infant, Gayle Beverly Borden, from a judgment of the Chancery Division of the Superior Court dismissing their suit on its own motion before they had completed the presentation of their testimony. The appeal taken to the Appellate Division of the Superior Court has been certified by us on our own motion.

The will of the late Howard D. Borden named his son, Howard Stanley Borden, and his daughter-in-law, Eleanor Jane Borden, the defendants herein,…