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RIEMENSCHNEIDER v. FRITZ REUTER ALTENHEIM

146 N.J. Super. 123 (1977)

369 A.2d 24

OTTO E. RIEMENSCHNEIDER, EXECUTOR OF THE ESTATE OF EMMA L. ZIMMERMAN, DECEASED, PLAINTIFF-RESPONDENT, v. FRITZ REUTER ALTENHEIM, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1977.

Attorney(s) appearing for the Case

Mr. Andrew F. Batistich argued the cause for appellant.

Mr. Charles F. Krause, III argued the cause for respondent (Messrs. Riemenschneider & Krause, attorneys).

Before Judges FRITZ, CRAHAY and ARD.

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

This case presents the question of whether a home for the aged may retain a resident's payment under a life-care contract, when the resident died during a probationary period and the contract was silent as to that eventuality.

On August 8, 1974 Emma L. Zimmerman (Zimmerman), then 77 years old, completed and signed an "Application" for admission as a resident to the Fritz Reuter Altenheim, a nonprofit...

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