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GRAY v. CHOLODENKO

39 N.J. Super. 406 (1956)

121 A.2d 417

WARREN GRAY, JR., PLAINTIFF-APPELLANT, v. NATHAN CHOLODENKO, IRVING L. HODES, DEUEL RICE AND WARREN GRAY, SR., JOINTLY, SEVERALLY AND INDIVIDUALLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1956.

Attorney(s) appearing for the Case

Mr. Robert S. Hartgrove argued the cause for plaintiff-appellant.

Mr. Fredrick J. Waltzinger argued the cause for defendants-respondents.

Before Judges CLAPP, JAYNE and FRANCIS.

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

Pursuant to our opinion reported in 34 N.J.Super. 190 (App. Div. 1955), this case was sent to the Essex County Court for trial. Under the circumstances presented, there was no basis for relief there unless the plaintiff established fraud on the Essex County Surrogate's Court either in connection with the probate of the will of Louisa Smith or in connection with...

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