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Nazzaro v. Nazzaro

Decided: October 19, 1959.

WALTER NAZZARO, AS EXECUTOR OF THE ESTATE OF CHRISTINA NAZZARO, DECEASED, AND WALTER NAZZARO, AS EXECUTOR OF THE ESTATE OF CHARLES NAZZARO, DECEASED, PLAINTIFF-APPELLANT,
v.
ARTHUR NAZZARO, DEFENDANT-RESPONDENT



Price, Gaulkin and Sullivan.

Per Curiam

Plaintiff appeals from a judgment in favor of defendant entered in the Law Division.

Plaintiff's complaint is in two counts. The first seeks a sum allegedly due the estate of defendant's mother, Christina Nazzaro, who died testate in April 1952. The second seeks a sum allegedly due the estate of defendant's father, Charles Nazzaro, who died August 29, 1952.

The mother's will left her entire estate, except two parcels of real estate, to the father. Thereafter, on May 21, 1952, the father gave the defendant the following writing:

"Dear Arthur:

This is to confirm understanding had with you this date that any and all sums of money which you may owe me at the time of my death can be repaid to my estate in such payments as you desire over a period of twenty years, without any interest on any unpaid balance.

Very truly yours,

Charles Nazzaro.

W.N."

"W.N." are the handwritten initials of the plaintiff.

In the pretrial order defendant admitted "that he borrowed certain sums of money from his father, Charles Nazzaro, and his mother, Christina Nazzaro" but he denied that they were as large as claimed by plaintiff. In addition, defendant asserted that whatever the true indebtedness might be, the writing of May 21 quoted above gave him 20 years to pay it.

In reply, plaintiff asserted in the pretrial order that "there was no consideration for the alleged agreement executed on May 21, 1952 * * *." In his brief in this appeal plaintiff urges also that "the letter dated May 21, 1952 should be construed to refer only to money owed by Arthur Nazzaro to Charles Nazzaro and not to money owed by Arthur Nazzaro to the Estate of Christina Nazzaro," and that "Charles Nazzaro, as residuary legatee of the Estate of Christina Nazzaro, did not have the power to grant an extension of time to Arthur Nazzaro for the payment of debts due the Estate [of Christina] without the consent of the executor." The latter two arguments may be beyond the ...


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