MONDELLI v. PIZZI


97 N.J. Super. 12 (1967)

234 A.2d 102

JOSEPH MONDELLI, ET AL., PLAINTIFFS, v. EDWARD A. PIZZI, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided September 15, 1967.


Attorney(s) appearing for the Case

Mr. Juan J. Ryan, attorney for plaintiffs.

Messrs. Gindin & Gindin, attorneys for defendants Michael Mondelli and Marie Mondelli (Mr. William H. Gindin appearing).

Messrs. Bourne, Schmid, Burke & Noll, attorneys for defendants Vito and Anna Mondelli (Mr. Robert Schaul appearing).

Mr. Donald I. Bierman, attorney for defendant, Peter Imbimbo.


HERBERT, J.S.C.

When Frank Mondelli died on November 26, 1959 he left a will which purported to dispose of four tracts of land. Three were held by the testator and his wife Francesca as tenants by the entirety, and since his wife survived him, he had no estate in them to devise. The tracts in which Mondelli had no devisable interest were the following:

A plot of vacant land on Springfield Avenue, Berkeley Heights, known as Block 116, Lot 39A on the tax assessment...

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