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IN RE SCHMIDT

46 N.J. Super. 369 (1957)

134 A.2d 810

IN THE MATTER OF THE ESTATE OF ALFRED SCHMIDT, DECEASED. EILEEN SCHMIDT, APPELLANT, v. HUDSON TRUST CO. AND EILEEN SCHMIDT, AS EXECUTORS, ETC., ALFRED SCHMIDT, JR., JOY CAMPBELL AND JOANNE ALFREDA SCHMIDT METZLER, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1957.

Attorney(s) appearing for the Case

Mr. Joseph M. Lynch argued the cause for appellant (Mr. J. Seymour Montgomery, attorney; Mr. Gordon D. Griffin and Mr. Lynch, of counsel).

Mr. Milford Salny argued the cause for respondent Joanne Alfreda Schmidt Metzler (Mr. Alan Rubenstein, on the brief).

Mr. Leon M. Rosen, respondent guardian ad litem for Alfred Schmidt, Jr. and Joy Campbell, infants, argued the cause pro se (Mr. Nathan Blumberg, of counsel).

Mr. George P. Moser argued the cause for respondents Hudson Trust Company and Eileen Schmidt, executors (Mr. Leo I. McGough, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Eileen Schmidt, widow of Alfred Schmidt and one of the two executors under his last will, appeals in her individual capacity from a judgment of the Hudson County Court, Probate Division, determining that decedent died intestate as to $24,000 in cash found in his safe deposit box after his death, and ordering the executors to administer that fund as intestate property.

Alfred Schmidt died March 15...

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