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MICHAELS v. DONATO

4 N.J. Super. 570 (1949)

67 A.2d 911

GEORGE MICHAELS AND ANNE McGURR, SUBSTITUTED ADMINISTRATORS OF THE ESTATE OF FRANCIS J. McGURR, DECEASED, PLAINTIFFS, v. JERRY G. DONATO, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided June 30, 1949.

Attorney(s) appearing for the Case

Messrs. Hamill, Schnitzer & Reilly (Mr. Isidore Glauberman), attorneys for the plaintiffs.

Mr. James F. McGovern, Jr., attorney for the defendant.

FREUND, J.S.C.

The issue here is whether a provision in a partnership agreement between plaintiff's intestate and the defendant is valid and binding, or void because testamentary in nature. The plaintiff's intestate and the defendant were partners without a written agreement from July 1, 1941, until July 12, 1946, on which date they entered into formal articles of partnership, which provided that the partnership "shall continue for such time as may be mutually agreeable...

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