BENDIT v. INTARANTE


70 N.J. Super. 116 (1961)

175 A.2d 222

BENJAMIN L. BENDIT, EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF SALVATORE LA SPADA, DECEASED, PLAINTIFF-RESPONDENT, v. CARMELLA INTARANTE AND CONCETTA INTARANTE, DEFENDANTS-APPELLANTS, AND VERONICA (RONNIE) LA SPADA AND SOMERSET BUS CO., INC., ETC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1961.


Attorney(s) appearing for the Case

Mr. Aaron Narol argued the cause for appellants.

Mr. Edward R. McGlynn argued the cause for plaintiff-respondent (Messrs. McGlynn, Stein & McGlynn, attorneys).

Mr. Edmund W. Nulton argued the cause for defendant-respondent Somerset Bus Co., Inc. (Messrs. Lindabury, McCormick & Estabrook, attorneys).

Mr. Milton Lowenstein argued the cause for defendant-respondent Veronica La Spada (Messrs. Kristeller, Zucker, Lowenstein & Cohen, attorneys).

Before Judges CONFORD, FREUND and LABRECQUE.


The opinion of the court was delivered by LABRECQUE, J.S.C. (temporarily assigned).

The defendants Carmella Intarante and Concetta Intarante appeal from a summary judgment entered in favor of the defendant Veronica La Spada, holding that an agreement entered into between defendant Somerset Bus Co., Inc. and plaintiff's decedent, Salvatore La Spada, was not testamentary in nature and that by reason thereof Mrs. La Spada was entitled to the weekly payments provided...

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