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IN RE REED

19 N.J. Super. 387 (1952)

88 A.2d 690

IN THE MATTER OF THE ESTATE OF ELIZABETH DUNCAN REED, DECEASED.

Superior Court of New Jersey, Hudson County Court Probate Division.

Decided May 2, 1952.

Attorney(s) appearing for the Case

Mr. Harry Kalat, co-executor, pro se.

Mr. William N. Johnson, attorney for Benjamin Reed, guardian ad litem of Benjamin Reed, Jr. (Mr. Milton Leibowitz, of counsel).

Mr. Louis P. Brenner (Mr. Joseph G. Liebman, appearing), attorney for Leonia Duncan Wright, co-executrix.

DREWEN, J.C.C.

The question is whether, by the terms of N.J.S. 3A:3-10, the will of decedent is rendered invalid. The issue, raised by a co-executor, is occasioned by apprehension that arises from the decision of our former Court of Errors and Appeals in Kanzler v. Smith, 123 N.J. Eq. 602 (1938). As to the right of an executor to contest a will, see In re Babcock, 112 N.J. Eq.<...

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