Weiss v. Max

On September 23d 1934, Jacob Max died in Newark, New Jersey, leaving a last will and testament dated August 15th, 1934, which was probated before the surrogate of Essex County on or about November 2d 1934. The will named Joseph Seibel executor, and he qualified as such. Several months thereafter he resigned as executor and Sol C. Max, the defendant, was appointed as administrator cum testamento annexo. The decedent was survived by his wife, Kate, one daughter, the complainant, and four sons, Sol C., Philip, Joseph and Samuel.

The will among other things provides that the estate be held by the…