Donahue v. Casabianca

The opinion of the court was delivered by

Hetfield, J.

This is an appeal from an order of the Essex County Circuit Court, setting aside an execution and levy made thereunder, by reason of a judgment obtained in the said court, for $6,617.61. The argument below, as well as before us, was based on an agreed state of facts, which presented the following situation: The respondents are executors of the estate of Enrico Casabianca, who died on January 21st, 1931, a resident of the city of Newark. His will was probated in the Surrogate’s Court of New York county, State of New York, on February 6th,…