IN RE KOLBECK


27 N.J. Super. 135 (1953)

99 A.2d 175

IN THE MATTER OF THE ESTATE OF ANNA KOLBECK, DECEASED. OSEPH J. KOLBECK, PLAINTIFF-APPELLANT, v. BEATRICE LIST, EXECUTRIX OF THE ESTATE OF ANNA KOLBECK, DECEASED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 21, 1953.


Attorney(s) appearing for the Case

Mr. Robert W. Brady argued the cause for plaintiff-appellant.

Mr. Michael C. Alenick argued the cause for defendant-respondent (Mr. Herman M. Cone, attorney).

Before Judges CLAPP, STANTON and WOODS.


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

This is an appeal from the refusal of a County Court to remove Beatrice List from office as executrix under the will of her sister, Anna Kolbeck.

Mrs. List's interests and obligations are in conflict. She is given nothing under that will. However, she is a beneficiary as well as executrix under the will of Mrs. Kolbeck's husband, whose death followed his wife's death. The conflict arises over a mortgage...

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