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IN RE EAGLESON ESTATE

172 N.J. Super. 98 (1980)

410 A.2d 1187

IN THE MATTER OF THE ESTATE OF ALEXANDER EAGLESON, DECEASED, RE THE APPLICATION FOR AN ORDER TO STAY THE SHERIFF OF ESSEX COUNTY, AND SHOICHI OKI, SHARON H. OKI, INVESTORS & LENDERS, LTD. AND MICHAEL A. EAGLESON. AMERICAN NATIONAL BANK & TRUST OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ESTATE OF ALEXANDER EAGLESON AND DOROTHY DU MARS SMITH, DEFENDANTS-APPELLANTS, MILLS NURSING HOMES, INC., DEFENDANT-RESPONDENT, JAMES T. ST. JOHN, INTERVENOR-APPELLANT, SHOICHI OKI AND SHARON OKI, INTERVENORS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1980.

Attorney(s) appearing for the Case

John Zen Jackson argued the cause for appellants Estate of Alexander Eagleson, Dorothy Du Mars Smith and James T. St. John (Shanley & Fisher, attorneys; John Zen Jackson and Harold H. Fisher, on the brief).

John W. Wopat, III, argued the cause for intervenors-respondents Shoichi Oki and Sharon Oki (Clapp & Eisenberg, attorneys; John W. Wopat, III, on the brief).

Sidney Finkel argued the cause for respondent American National Bank & Trust of New Jersey.

Philip E. Kaufman argued the cause for respondent Investors & Lenders, Ltd.

Before Judges ALLCORN, MORGAN and HORN.

PER CURIAM.

This consolidated appeal concerning two final orders relating to the same piece of real property focuses on the effect, if any, of the titleholder's death on the proposed sale of real property levied upon pursuant to a writ of execution issued prior to death. The property, 43 Lloyd Road, Montclair, New Jersey, was owned by Alexander Eagleson. Eagleson died on February 5, 1978 and devised the Lloyd Road property to James T. St. John, one of the appellants...

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