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MURNER v. FIRST NAT. BANK OF PASSAIC CO.

94 N.J. Super. 293 (1967)

228 A.2d 88

JAMES J. MURNER, JR., SUBSTITUTED TRUSTEE OF THE ESTATE OF CHARLES NAZZARO, DECEASED, PLAINTIFF-APPELLANT, v. FIRST NATIONAL BANK OF PASSAIC COUNTY, DEFENDANT-RESPONDENT. JAMES J. MURNER, JR., SUBSTITUTED TRUSTEE OF THE ESTATE OF CHARLES NAZZARO, DECEASED, PLAINTIFF-APPELLANT, v. FAIRLAWN-RADBURN TRUST COMPANY, DEFENDANT-RESPONDENT. JAMES J. MURNER, JR., SUBSTITUTED TRUSTEE OF THE ESTATE OF CHARLES NAZZARO, DECEASED, PLAINTIFF-APPELLANT, v. PROSPECT PARK NATIONAL BANK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1967.

Attorney(s) appearing for the Case

Mr. Herbert C. Klein argued the cause for appellant (Messrs. Krieger & Klein, attorneys; Mr. Philip S. Epstein, on the brief).

Mr. Frank J. Davies, Jr. argued the cause for respondent First National Bank of Passaic County (Messrs. Davies & Davies, attorneys).

Mr. Brian J. McGrievy argued the cause for respondent Fairlawn-Radburn Trust Company (Messrs. Evans, Hand, Evans, Allabough & Amoresano, attorneys).

Respondent Prospect Park National Bank filed no brief.

Before Judges GOLDMANN, KILKENNY and COLLESTER.

PER CURIAM.

Plaintiff, substituted trustee of a testamentary trust created under the will of Charles Nazzaro, deceased, appeals from summary judgments entered in favor of the three defendant banks in suits to recover money allegedly misappropriated from the trust estate by Walter Nazzaro, the original trustee. The claims against the banks are based on the following facts.

In 1956 Walter Nazzaro opened trust accounts in the banks in the name of "Walter Nazzaro...

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