Fabrizio v. Gallerano

Supreme Court of New Jersey

Fabrizio v. Gallerano

4 A.2d 518, 125 N.J. Eq. 383, 1939 N.J. LEXIS 670

Supreme Court of New Jersey·Decided April 21, 1939·Published

Opinion

Per Curiam.

We are in accord with the conclusion reached by the learned vice-chancellor, and the decree is accordingly affirmed.

The bank account was a credit, and was therefore convertible “into money.” And, by the same clause, the testator gave the balance” of his “estate,” after the payment of administration expenses, to his sister Matilda.

Appellants “ask leave to reserve their right to apply for an allowance of costs and counsel fees.” We have concluded that they are not entitled to either costs or counsel fees; and the application is therefore denied.

For affirmance — The Ci-iiee-Justice, Paekee, Case, Bodine, Donges, Heheb, Peeskie, Poetee, Heteield, Deae, Wells, WolesKeil, Raeeeety, Hague, JJ. 14.

For reversal — None.

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Per Curiam.

We are in accord with the conclusion reached by the learned vice-chancellor, and the decree is accordingly affirmed.

The bank account was a credit, and was therefore convertible “into money.” And, by the same clause, the testator gave the balance” of his “estate,” after the payment of administration expenses, to his sister Matilda.

Appellants “ask leave to reserve their right to apply for an allowance of costs and counsel fees.” We have concluded that they are not entitled to either costs or counsel fees; and the application is therefore denied.

For affirmance — The Ci-iiee-Justice, Paekee, Case, Bodine, Donges, Heheb, Peeskie, Poetee, Heteield, Deae, Wells, WolesKeil, Raeeeety, Hague, JJ. 14.

For reversal — None.

Fabrizio v. Gallerano, 4 A.2d 518, 125 N.J. Eq. 383, 1939 N.J. LEXIS 670 (N.J. 1939).

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4 A.2d 518 (Fabrizio v. Gallerano) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.