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IN RE HOLIBAUGH

33 N.J. Super. 232 (1954)

109 A.2d 706

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF EMMA L. HOLIBAUGH, DECEASED.

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

Decided November 16, 1954.

Attorney(s) appearing for the Case

Messrs. Parsons, Labrecque, Canzona & Combs (Mr. Theodore D. Parsons appearing), attorneys for the proponents.

Messrs. Applegate, Foster, Reussille & Cornwell (Mr. Samuel Carotenuto appearing), attorneys for the caveators.

SIMMILL, J.C.C.

On September 16, 1948 the Monmouth County Orphans' Court entered a decree of adoption whereby the decedent, Emma L. Holibaugh, then aged 56, was adopted by John Bennett pursuant to R.S. 2:39-1 et seq. On November 13, 1953 Miss Holibaugh died, John Bennett having predeceased her. On November 24, 1953 George Walter Holibaugh, claiming to be a natural brother, and Frederick R. Burns, claiming to be a natural half-brother, filed a caveat...

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