FRANCISCO v. MILLER


14 N.J. Super. 290 (1951)

81 A.2d 803

RUSSELL FRANCISCO, PLAINTIFF-APPELLANT, v. MARY C. MILLER AND LOLA M. WALKEY, EXECUTRICES OF THE WILL OF CHARLES M. HERMAN, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1951.


Attorney(s) appearing for the Case

Mr. James R. Laird argued the cause for appellant (Mr. John A. Hartpence, of counsel).

Mr. William H.D. Cox argued the cause for respondents (Messrs. Cox & Walburg, attorneys).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.


The opinion of the court was delivered by JAYNE, J.A.D.

By way of a preface to the discussion of the subject matter of the present appeal it is informative to disclose that the plaintiff instituted this action ex delicto against the executrices of the will of Charles M. Herman, deceased, and against the Asbury Park National Bank and Trust Company. At the inception of the trial the plaintiff submitted to a voluntary...

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