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FLANIGAN, ADM'R, v. McFEELY, EX'R

26 N.J. Super. 522 (1953)

98 A.2d 610

JOHN G. FLANIGAN, AS SUBSTITUTED ADMINISTRATOR OF THE ESTATE OF MARY McFEELY, PLAINTIFF-APPELLANT, v. JOSEPH B. McFEELY, AS EXECUTOR OF THE ESTATE OF BERNARD N. McFEELY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1953.

Attorney(s) appearing for the Case

Mr. Victor S. Kilkenny argued the cause for plaintiff-appellant (Messrs. Otis & Kilkenny, attorneys; Mr. Isadore Glauberman, of counsel).

Mr. Abraham J. Slurzberg argued the cause for defendant-respondent (Mr. Joseph B. McFeely, defendant and attorney pro se).

Before Judges GOLDMANN, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C. (temporarily assigned).

This is an appeal from a summary judgment in favor of defendant.

The complaint alleged the following: Mary McFeely died intestate on June 4, 1942, and on June 10, 1942 her brother Bernard N. McFeely, was appointed administrator. He filed an inheritance tax return showing assets of Mary's estate in the amount of $292,448.86. On August 8, 1949 Bernard died testate and defendant...

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