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BAUER v. CRUMMY

56 N.J. 400 (1970)

267 A.2d 16

JOSEPHINE BAUER AND JEROME J. HARZ, EXECUTORS OF THE ESTATE OF JOSEPHINE HARZ, DEC'D., PLAINTIFFS-APPELLANTS, v. ANDREW B. CRUMMY AND JOSEPH R. PURCELL, EXECUTORS AND TRUSTEES OF THE ESTATE OF FRANK J. HARZ, DEC'D, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

April 20, 1970.

Decided July 6, 1970.

Attorney(s) appearing for the Case

Mr. William M. Feinberg argued the cause for appellants (Messrs. Feinberg, Dee and Feinberg, of counsel; Mr. Francis G. Fitzpatrick, attorney).

Mr. Michael R. Griffinger argued the cause for respondents (Messrs. Crummy, Gibbons and O'Neill, attorneys).

Mr. Israel Spicer argued the cause amicus curiae.

The opinion of the court was delivered by WEINTRAUB, C.J.

This case involves a bank account in the name of a mother and her son, payable to either or the survivor. The mother, Josephine Harz, predeceased the son, Frank. The son died a few months later. The mother's executors brought this action to recover the balance of the account as of the time of her death. On motion, the trial court found the complaint did not state a claim for relief and gave judgment for the...

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