IN RE PROBATE OF WILL OF BRODBECK


26 N.J. 298 (1958)

139 A.2d 569

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF WILLIAM J. BRODBECK, DECEASED. ERNEST BRODBECK AND DOROTHY SMITH, PLAINTIFFS-APPELLANTS, v. ETHEL REESE, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF WILLIAM J. BRODBECK, DECEASED, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 17, 1958.


Attorney(s) appearing for the Case

Mr. Charles A. Cohen argued the cause for appellants (Mr. Thomas F. McGuire, attorney).

Mr. William S. Keown argued the cause for respondent (Mr. Walter S. Keown, attorney).


PER CURIAM.

The interrogatories should have been answered, and there was little justification for the extended failure to do so. Dismissal of the cause, however, was too drastic a penalty. Counsel's default is not to be condoned, but under the circumstances here presented it should not have deprived his clients of their day in court.

The judgment is reversed and the cause is remanded for further proceedings. No costs to either party.

For reversal...

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