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IN RE BAYLES

108 N.J. Super. 446 (1970)

261 A.2d 684

IN THE MATTER OF THE ESTATE OF LENA BAYLES, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1970.

Attorney(s) appearing for the Case

Mr. Roger C. Ward argued the cause for appellants (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Gordon A. Millspaugh, Jr. on the brief).

Mr. Sam Denstman argued the cause for respondent (Messrs. Simon, Denstman & Noonan, attorneys).

Before Judges SULLIVAN, CARTON and HALPERN.

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

The residuary legatees of the estate of Lena Bayles filed exception to plaintiff-executor's account by which they sought to surcharge him as executor for failure to dispose of her common stock in a life insurance company which comprised slightly over 60% of the total value of the assets of the estate at the time of her death. The trial court allowed the account and overruled the exception. As a result of that...

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