NICKELL v. GALL


90 N.J. Super. 539 (1966)

218 A.2d 427

PATRICIA AGNES NICKELL, PLAINTIFF, v. CLAIRE M. GALL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF CONSTANCE M. ZACK, DECEASED, AND AS EXECUTRIX OF THE ESTATE OF MARY MAYAUSKAS, ALSO KNOWN AS MARY MAJOSKA, DECEASED, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 24, 1966.


Attorney(s) appearing for the Case

Mr. Gerald W. Conway for plaintiff (Messrs. Schreiber, Lancaster & Demos, attorneys).

Mr. C. Russell Kramer for defendant, Claire M. Gall (Messrs. Smith, Kramer & Morrison, attorneys).


MINTZ, J.S.C.

This matter is before the court on defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted. R.R. 4:12-2(e).

Plaintiff in her complaint seeks to establish that she is the sole heir at law of decedent Constance M. Zack, who died intestate in Essex County on October 23, 1964. Plaintiff is decedent's sole natural child. Besides plaintiff, he was survived by three sisters and a brother, one...

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