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IERROBINO v. MEGARO

108 N.J. Super. 556 (1970)

262 A.2d 17

VICTORIA MEGARO IERROBINO, PLAINTIFF, v. LEWIS D. MEGARO, DONALD MEGARO, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR DENNIS MEGARO AND VICTORIA MEGARO, DONNA MEGARO PERRUSO, DIANE MEGARO AND JAMES MEGARO, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 4, 1970.

Attorney(s) appearing for the Case

Mr. Lewis L. Krieger appeared for plaintiff and defendants Donna Megaro Perruso, Diane Megaro and James Megaro (Messrs. Lasser and Krieger, attorneys).

Mr. Richard A. Walsh attorney for defendant Lewis D. Megaro.

Mr. Paul Alongi appeared for defendant Donald Megaro, individually and as guardian ad litem for Dennis Megaro and Victoria Megaro (Messrs. Alongi & Bregg, attorneys).

MINTZ, J.S.C.

Plaintiff, co-executor and co-trustee under the will of Donato Megaro, deceased, seeks a construction of the will and an accounting. Although the right to partition was not included as a legal issue in the pretrial order, it was presented in the amended complaint, in plaintiff's factual contentions in the pretrial order, and was argued at the trial. In view thereof, the pretrial order will be deemed amended to include such issue. R. 4:9-2. At...

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