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IN RE WEEKS

29 N.J. Super. 533 (1954)

103 A.2d 43

IN THE MATTER OF THE ESTATE OF LUCY WEEKS, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1954.

Attorney(s) appearing for the Case

Mr. Joseph J. DeLuccia argued the cause for proponents-respondents (Messrs. DeLuccia and A. Lawrie Young, attorneys).

Mr. Arthur J. O'Dea argued the cause for contestant-appellant.

Before Judges CLAPP, GOLDMANN and EWART.

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

This is an appeal from probate. Contestant-appellant, testatrix' stepson, raises the three matters usually raised in such a case: undue influence, mental incapacity and improper execution of the will.

John Karl and his wife, testatrix' sister, are charged with exerting the undue influence. Mental enfeeblement had brought testatrix to such a state of dependency and reliance upon them in point of mind...

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