IN RE ESTATE OF HOPPER


9 N.J. 280 (1952)

88 A.2d 193

IN THE MATTER OF THE ESTATE OF JACOB B. HOPPER, DECEASED. SALVATORE D. VIVIANO, PLAINTIFF-RESPONDENT, v. EMMA HOPPER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 28, 1952.


Attorney(s) appearing for the Case

Mr. Winthrop Watson argued the cause for appellant.

Mr. Hugh C. Spernow argued the cause for respondent.


The opinion of the court was delivered by WACHENFELD, J.

This will contest, initiated in the County Court, where the will was sustained, was taken to the Appellate Division, where it was again upheld by a divided court. One judge having dissented, the appellant was automatically entitled to come here.

The residuary legatee is a lawyer, which fact occasions most of the difficulty. Jacob B. Hopper died August 14, 1948, leaving no issue but survived by his wife...

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