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IN RE POLEVSKI ESTATE

186 N.J. Super. 246 (1982)

452 A.2d 469

IN THE MATTER OF THE ESTATE OF DORA POLEVSKI, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1982.

Attorney(s) appearing for the Case

Jack L. Cohen argued the cause for appellant Indemnity Insurance Company of North America (Bendit, Weinstock & Sharbaugh, attorneys; James F. Keegan of counsel and on the brief).

James M. Cutler argued the cause for respondent Cyrus J. Bloom, successor substituted trustee.

Ronald M. Sturtz appeared on behalf of Pnina Bar-Yehuda Strauch (Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, attorneys), and relied on the brief submitted by the successor substituted trustee.

Before Judges FRITZ, JOELSON and PETRELLA.

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

Indemnity Insurance Company of North America (hereafter Indemnity) appeals from a judgment enforcing a supplementary $50,000 surety bond which was issued in connection with a trust under the 1961 will of Dora Polevski. Indemnity claims that the alleged concealment of material facts by the beneficiary under the trust was a fraud entitling it to discharge on...

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