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IN RE HOFFMAN

63 N.J. 69 (1973)

304 A.2d 721

IN THE MATTER OF THE ESTATE OF ROBERT E. HOFFMAN, DECEASED.

The Supreme Court of New Jersey.

Decided May 21, 1973.

Attorney(s) appearing for the Case

Mr. Philip F. Guidone argued the cause for the appellant Audrey Hoffman (Messrs. Beck, Reichstein & Guidone, attorneys; Mr. Ronald Reichstein, of counsel; Mr. Phillip F. Guidone, on the brief).

Mr. Stuart L. Pachman argued the cause for the cross-appellant Philip B. Brooks (Messrs. Clapp & Eisenberg, attorneys; Mr. Stuart L. Pachman, on the brief).

Mr. Adrian M. Unger argued the cause for the respondent Gene R. Hoffman, Executor of the Estate of Robert E. Hoffman, deceased (Messrs. Milton M. and Adrian M. Unger, attorneys; Mr. Adrian M. Unger and Mr. Lawrence Kantor, Jr., on the brief).

The opinion of the Court was delivered by PROCTOR, J.

This case concerns the distribution of the proceeds of two federal income tax refund checks totaling $31,284.89. The checks are payable to "Robert and Audrey Hoffman." Robert is now deceased and his estate is insolvent. The sole assets available for distribution are the proceeds of the checks, and the question before us is the priority of the respective claims to the money made by Robert's former wife Audrey Hoffman...

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