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FARONE v. HABEL

22 N.J. 66 (1956)

123 A.2d 506

CHARLES FARONE, PLAINTIFF-APPELLANT, v. FRIEDA L. HABEL, EXECUTRIX OF THE ESTATE OF CLIFFORD W. HABEL, SR., DECEASED, ETC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 25, 1956.

Attorney(s) appearing for the Case

Mr. Nathaniel W. Franzblau argued the cause for the appellant.

Mr. Saul J. Zucker argued the cause for the respondent (Messrs. Kristeller & Zucker, attorneys).

The opinion of the court was delivered by JACOBS, J.

The Law Division dismissed the plaintiff's action against the defendant executrix on the ground that no exemplified copy of the letters testamentary issued to the defendant by the Surrogate of the County of Westchester in the State of New York had been filed with the clerk of the court pursuant to N.J.S. 3A:12-7. The plaintiff appealed to the Appellate Division and we certified on our own motion.<...

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