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IN RE ACKERMAN

23 N.J. Super. 316 (1952)

93 A.2d 31

IN THE MATTER OF THE ESTATE OF ELLEN JANE ACKERMAN, DECEASED. FREDERICK G. POETER, SUBSTITUTED ADMINISTRATOR OF THE ESTATE OF ELLEN JANE ACKERMAN, DECEASED, PLAINTIFF CROSS-APPELLANT AND RESPONDENT, v. JAMES D. MOORE, DEFENDANT CROSS-RESPONDENT AND APPELLANT, AND MASSACHUSETTS BONDING AND INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1952.

Attorney(s) appearing for the Case

Mr. William J. Reimer argued the cause for plaintiff cross-appellant and respondent (Mr. H. Edward Neese, attorney).

Mr. James A. Major argued the cause for defendant cross-respondent and appellant (Messrs. Breslin & Breslin, attorneys).

Mr. George A. Brown argued the cause for defendant-respondent (Messrs. Morrison, Lloyd & Griggs, attorneys).

Before Judges McGEEHAN, BIGELOW and SMALLEY.

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

In February 1951 Frederick G. Poeter, substituted administrator of the estate of Ellen Jane Ackerman, deceased, brought a proceeding in which he sought a surcharge against James D. Moore, the original administrator, for overpayments made in Moore's distribution to distributees; and on November 30, 1951 judgment was entered in the Bergen County Court, Probate Division, surcharging James D. Moore in the sum...

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