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LEBITZ-FREEMAN v. LEBITZ

803 A.2d 156 (2002)

353 N.J. Super. 432

Ellen LEBITZ-FREEMAN, Plaintiff-Appellant, v. Mary Elizabeth LEBITZ as Executrix of the Estate of Alexander Lebitz, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 1, 2002.

Attorney(s) appearing for the Case

Martin K. Indik, Philadelphia, PA, argued the cause for appellant (Indik & McNamara, attorneys; Carl Dallarda, Princeton and Mr. Indik, on the brief).

Larry S. Loigman, Middleton, argued the cause for respondent.

Before Judges SKILLMAN, CARCHMAN and WELLS.

The opinion of the court was delivered by SKILLMAN, P.J.A.D.

This case involves a claim by plaintiff Ellen Lebitz-Freeman to certain securities which her father, Alexander Lebitz, held in a brokerage account at the time of his death. Defendant is the executor of decedent's estate, Mary Elizabeth Lebitz, who is plaintiff's sister.

On March 22, 1997, decedent opened a joint brokerage account at Dean Witter in his and plaintiff's names. Before opening the account...

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