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IN RE OPPER

29 N.J. Super. 520 (1954)

103 A.2d 19

IN THE MATTER OF THE ESTATE OF LOUIS OPPER, DECEASED. LEONARD WOLF, A LEGATEE UNDER LAST WILL AND TESTAMENT OF LOUIS OPPER, DECEASED, PLAINTIFF-RESPONDENT, v. ADDISON M. OPPER AND PHILIP OPPER, EXECUTORS OF THE ESTATE OF LOUIS OPPER, DECEASED, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 1954.

Attorney(s) appearing for the Case

Mr. Mandon Morrill argued the cause for the respondent (Mr. Theodore D. Rosenberg, attorney; Messrs. Cole, Morrill & Berman, of counsel).

Mr. Isadore Rabinowitz argued the cause for the appellants (Mr. Edward H. Saltzman, attorney).

Before Judges EASTWOOD, JAYNE and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.A.D.

The primary question for consideration here is the propriety of the action of the Chancery Division of this court in accepting jurisdiction of the complaint.

The record discloses that Louis Opper and Rebecca Opper, husband and wife, executed a joint and mutual will on December 21, 1949. Louis Opper died May 26, 1950, and as to him the will was probated...

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