The opinion of the court was delivered by SCHETTINO, J.
On October 16, 1962 defendant, executor and a beneficiary of his father's estate, was in the Mercer County Court House at the trial of a suit instituted by plaintiff against defendant as executor of the estate. As defendant was a nonresident, the suit was instituted by serving process upon the surrogate pursuant to the power of attorney required to be filed with the surrogate. N.J.S. 3A:12-14. While standing...
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