IN RE ESTATE OF KELLEY


126 N.J. Super. 376 (1974)

314 A.2d 614

IN THE MATTER OF THE ESTATE OF STEPHEN J. KELLEY, DECEASED. MILDRED KELLEY HIGGINS AND JEAN KELLEY GOEHNER, PLAINTIFFS-RESPONDENTS, v. AMERICAN NATIONAL BANK & TRUST OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1974.


Attorney(s) appearing for the Case

Mr. Alfred C. Clapp argued the cause for appellant (Mr. Samuel Rosenblatt, attorney).

Mr. Samuel Saffron argued the cause for respondents (Messrs. Werksman, Saffron & Cohen, attorneys; Mr. Eugene P. Sylvester, on the brief).

Before Judges LEONARD, ALLCORN and CRAHAY.


PER CURIAM.

The two plaintiffs, daughters of the testator, and defendant bank are the duly appointed and qualified executors and trustees of the above-entitled estate.

Decedent's will was presented for probate jointly by attorneys John Ferguson and Howard R. Kelley. Shortly thereafter plaintiffs advised Ferguson by letter that his services were not required in the administration of the estate and his relationship therewith was terminated. When he insisted...

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