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IN RE KIRSCHENBAUM

44 N.J. Super. 391 (1957)

130 A.2d 640

IN THE MATTER OF THE ESTATE OF MARCUS KIRSCHENBAUM, DECEASED. CAMILLE MORRIS, EXECUTRIX OF THE ESTATE OF MORRIS KIRSCHENBAUM, DECEASED, APPELLANT, AND ANNA K. SCHMERER, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1957.

Attorney(s) appearing for the Case

Mr. E. Alexander Edelstein argued the cause for appellant (Messrs. Edelstein & Edelstein, attorneys).

Mr. Robert J. Novins argued the cause for respondent (Messrs. Novins & Novins, attorneys; Mr. William E. O'Connor, Jr., on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

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

This is an appeal from a judgment of the County Court, Probate Division, dismissing the complaint of plaintiff executrix seeking an order directing her to surrender a certain promissory note to its makers.

Plaintiff is the married daughter and executrix of Marcus Kirschenbaum who started a 5 and 10¢ business in Belmar and in August 1949 turned it over to his three sons, Leon, Joseph and Morton...

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