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Zucker v. Silverstein

Decided: April 30, 1975.

SAUL J. ZUCKER, SUBSTITUTED ASSIGNEE FOR THE BENEFIT OF CREDITORS OF JEROME R. ROSS, INDIVIDUALLY AND T/A J.R. ROSS & CO., PLAINTIFF-APPELLANT,
v.
HARRY SILVERSTEIN, TRUSTEE, AND ANNE K. SILVERSTEIN, DEFENDANTS-RESPONDENTS, AND EDWARD FRIEDMAN AND MAURICE POLKOWITZ, INTERVENORS-RESPONDENTS



Halpern, Crahay and Wood. The opinion of the court was delivered by Halpern, P.J.A.D.

Halpern

Before considering the grounds advanced for reversal of the judgment dismissing appellant's complaint at the end of his proofs, it will be helpful to summarize the factual background as demonstrated by the record.

By three deeds dated September 8, 1966 Jerome R. Ross acquired title, in his individual name, to valuable real property located in Essex County from Pleasant Fair, Inc., Liberty Holding Co., Inc. and L.D.L. Corporation. These

deeds were promptly recorded in the Essex County Register's Office.

By deeds dated April 15, 1967 and March 29, 1968 Jerome R. Ross and Lee Ross, his wife, acquired title as tenants by the entirety to real property located in Essex County from Mortimer C. Tompkins and Helen L. Tompkins, his wife. These two deeds were also promptly recorded in the Essex County Register's Office.

By deed dated July 20, 1972 and recorded July 21, 1972 in the Essex County Register's Office the Rosses conveyed to "Harry Silverstein, Trustee" all their right, title and interest in the real property acquired by the five deeds heretofore mentioned, excepting therefrom so much thereof as had been previously conveyed by them to others. The deed did not set forth for whom and under what conditions Silverstein was to act as trustee. However, attached to the deed was an affidavit by Jerome R. Ross which stated:

STATE OF NEW JERSEY COUNTY OF ESSEX

ss.:

JEROME R. ROSS, being duly sworn according to law, upon his oath deposes and says:

1. I am one of the Grantors in the annexed deed.

2. I have held the aforementioned property as Trustee pursuant to a declaration of trust between myself and several other individuals.

3. The sole purpose of this transfer is to substitute Harry Silverstein as Trustee in my place and stead, and all other items in connection therewith remain the same.

4. There is no consideration being paid or obligations being assumed by the Grantee or any other change in the trust other than the person of the trustee.

Subscribed and sworn

to before me this 20th

day of July, 1972

/s/ Ruth C. Atkin

Notary Public of New Jersey

My Commission Expires Apr. ...


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