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SCHMERER v. ESTATE OF MARCUS KIRSCHENBAUM

39 N.J. Super. 475 (1956)

121 A.2d 414

ANNA KANTOR SCHMERER, PLAINTIFF-RESPONDENT, v. ESTATE OF MARCUS KIRSCHENBAUM, DECEASED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1956.

Attorney(s) appearing for the Case

Mr. Benjamin Edelstein argued the cause for the defendant-appellant (Messrs. Edelstein & Edelstein, attorneys).

Mr. Robert J. Novins argued the cause for the plaintiff-respondent (Messrs. Novins, Novins & Braun, attorneys; Mr. Julius Braun and Mr. Robert F. Novins, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Marcus Kirschenbaum died a resident of Monmouth County. His will was probated and letters testamentary issued by the surrogate of that county to Camille Morris. The plaintiff, Anna K. Schmerer, instituted this suit in the Superior Court, Chancery Division, against the executrix, for an accounting based upon a claim that the plaintiff and the decedent had been partners in certain business ventures, and that upon...

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