POLLIAK v. SMITH


19 N.J. Super. 365 (1952)

88 A.2d 351

PAUL FRANK POLLIAK AND JULIA POLLIAK FETZER, INDIVIDUALLY AND AS EXECUTORS UNDER THE WILL OF MARIA POLLIAK, DECEASED, PLAINTIFFS, v. ANDREW SMITH, MICHAEL SMITH, JOSEPH SMITH, JOHN SMUTNAK AND MARJE SVORNOVA RO SMUTNAK, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 30, 1952.


Attorney(s) appearing for the Case

Mr. James M. Barry, attorney for plaintiffs.

Messrs. Morris, Downing & Sherred (Mr. Willis H. Sherred appearing), attorneys for defendants Andrew Smith, Michael Smith and Joseph Smith.


STEIN, J.S.C.

Maria Polliak died on September 12, 1950, leaving a will which was duly probated by the Surrogate's Court of Sussex County on September 25, 1950, in and by which she appointed plaintiffs, Paul Frank Polliak and Julia Polliak Fetzer, to be the executors thereof.

Her will, inter alia, provides as follows:

"SECOND: I give, devise and bequeath unto my beloved husband, Andro Polliak, if I predecease him, my real estate consisting of...

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