WANGLER v. HARVEY


41 N.J. 277 (1963)

196 A.2d 513

MARGUERITE WANGLER, PLAINTIFF-APPELLANT, v. EDMUND NEWTON HARVEY, JR., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 16, 1963.


Attorney(s) appearing for the Case

Mr. Morris Brown argued the cause for the appellant (Messrs. Wilentz, Goldman & Spitzer, attorneys; Mr. Robert W. Lewandowski, of counsel).

Mr. Richard J.S. Barlow, Jr., argued the cause for defendant-respondent (Messrs. Lenox, Giordano & Lenox, attorneys).


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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