IN RE CARUSO


18 N.J. 26 (1955)

112 A.2d 532

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL AND CODICIL OF NICOLO CARUSO, DECEASED.

The Supreme Court of New Jersey.

Decided March 7, 1955.


Attorney(s) appearing for the Case

Mr. Paul T. Huckin argued the cause for the appellant executrix (Mr. James A. Christiano, attorney).

Mr. Fredrick J. Waltzinger argued the cause for the respondent Lawrence Caruso.

Mr. Abraham I. Harkavy argued the cause pro se and for the respondents David Green and Frank J. Brunetto, Jr. (Messrs. Harkavy and Lieb, attorneys).


The opinion of the court was delivered by HEHER, J.

We are here concerned with the propriety of assessing the estate for the services of counsel and disbursements made in an unsuccessful will contest.

Lawrence Caruso interposed a caveat to the probate of a writing purporting to be the will of his father, who died April 19, 1951; and after protracted hearings characterized by the deep emotion and bitterness so often engendered by such family division, there...

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