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SCHERER v. HYLAND

153 N.J. Super. 521 (1976)

380 A.2d 704

ROBERT SCHERER, PLAINTIFF-RESPONDENT, v. ROBBERT HYLAND, ADMINISTRATOR OF THE ESTATE OF CATHERINE WAGNER, DECEASED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1976.

Attorney(s) appearing for the Case

Mr. Herbert M. Barnes, attorney for appellant.

Messrs. Tumarkin & Nicolette, attorneys for respondent (Mr. David A. Nicolette, of counsel and on the brief; Mr. Robert J. Rudy, Jr., on the brief).

Before Judges ALLCORN, KOLE and ARD.

PER CURIAM.

Defendant, administrator of the estate of Catherine Wagner (hereafter "Wagner"), deceased, appeals from a summary judgment entered in favor of plaintiff Robert Scherer declaring that Wagner had made a valid gift causa mortis to plaintiff of a $17,400 check, its proceeds and the interest thereon. The court also denied defendant's motion for summary judgment.

The undisputed facts in the record before us and the court below, including affidavits...

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