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Matter of Estate of Morris Stotchik

Decided: June 29, 1949.

IN THE MATTER OF THE ESTATE OF MORRIS STOTCHIK, DECEASED


On appeal from the Superior Court, Somerset County.

McGeehan, Donges and Colie. The opinion of the court was delivered by Donges, J.A.D.

Donges

[4 NJSuper Page 304] This appeal is from an order of the Superior Court, Somerset County, transferring to the Somerset County Court, Probate Division, a cause of action in which the Notice of Appeal was erroneously entitled in the Superior Court of New Jersey, Probate Division, Somerset County, and filed with the Clerk of the Superior Court of New Jersey, instead of being entitled in the Somerset County

Court, Probate Division, and filed with the Surrogate of Somerset County as clerk of said court, and directing the Clerk of the Superior Court to transmit all pleadings or transcript thereon filed with him to the Clerk of the Somerset County Court, Probate Division, and amending the title in the papers to Somerset County Court, Probate Division. The notice of appeal was on behalf of a non-resident of New Jersey from an order of probate of the last will and testament of Morris Stotchik, deceased, and was served upon the interested persons within the time limited for such appeal. The only question arises from the entitling of the cause in the wrong court and the filing therein, instead of being entitled in the Somerset County Court, Probate Division, and the filing therein. The notice was served on December 31, 1948, and was as follows:

"SUPERIOR COURT OF NEW JERSEY,

PROBATE DIVISION, SOMERSET COUNTY,

DOCKET NO.

IN THE MATTER

of

The Estate of Morris

Stotchik, deceased.

Application ...


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