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BRACE v. BLACK

51 N.J. Super. 572 (1958)

144 A.2d 385

CHARLES A. BRACE, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. CUNNINGSTON D. BLACK AND IVA D. BLACK, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, v. FAYTHE R. BLACK AND MARION S. BLACK, INDIVIDUALLY AND AS EXECUTRICES OF THE ESTATE OF LEO H. BLACK, THIRD-PARTY DEFENDANTS, v. DOROTHY DAVENPORT (NEE DOROTHY BLACK), MARION R. ALMQUIST (NEE MARION R. BLACK) AND LEO FRANCIS BLACK, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1958.

Attorney(s) appearing for the Case

Mr. Frank G. Schlosser argued the cause for the plaintiff-appellant (Messrs. Mackerley and Friedman, attorneys; Mr. William J. McGovern on the brief).

Mr. Francis E. Bright argued the cause for the defendants-respondents (Messrs. Dolan and Dolan, attorneys).

Mr. Frederic G. Weber argued the cause for the third-party defendant, Faythe R. Black (Messrs. Van Blarcom, Silverman & Weber, attorneys; Mr. Albert G. Silverman on the brief).

Before Judges STANTON, HALL and GAULKIN.

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

The plaintiff brought this action for partition, accounting and incidental relief against Cunningston D. Black, hereinafter referred to as C.D., and his wife. He alleged that he had title to an undivided seven-ninths interest in the lands described in the complaint by virtue of conveyances made to him by the widow and children of Leo H. Black. The defendants challenged the plaintiff's title and alleged that...

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