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MATTER OF ESTATE OF HERSH

195 N.J. Super. 74 (1984)

477 A.2d 1286

IN THE MATTER OF THE ESTATE OF HERBERT HERSH, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1984.

Attorney(s) appearing for the Case

Edward F. Seavers, Jr. argued the cause for appellant Anne R. Hersh (MacDonald, Ryan & Jaekel, attorneys; Paul E. Kiel, on the brief).

Richard J. Allen argued the cause for respondents Marie A. Hersh and Maureen M. Hersh Herman, Executrixes (Jeffer, Hartman, Hopkinson, Vogel, Coomber & Peiffer, attorneys; Robert W. McCann, on the brief).

Before Justice SULLIVAN and Judges KING and BILDER.

The opinion of the court was delivered by BILDER, J.S.C. (Temporarily Assigned).

In this appeal we are asked to consider whether the existence of a no-fault ground for divorce bars a long separated wife's right to a statutory elective share in her deceased husband's estate. The principal issue presented is the proper construction of N.J.S.A. 3A:38A-1(a)1 which gives a surviving spouse an elective share provided the parties, inter...

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