IN RE HOLIBAUGH


18 N.J. 229 (1955)

113 A.2d 654

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

The Supreme Court of New Jersey.

Decided April 25, 1955.


Attorney(s) appearing for the Case

Mr. Samuel Carotenuto argued the cause for the caveators, George Walter Holibaugh and Frederick R. Burns (Messrs. Applegate, Foster, Reussille & Cornwell, attorneys).

Mr. Theodore D. Parsons argued the cause for the proponents, Alston Beekman, Jr., executor, and Riverview Hospital, et al., beneficiaries under the alleged will of the deceased (Messrs. Parsons, Labrecque, Canzona and Combs, attorneys).


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

The question raised here, res nova in New Jersey, is whether the descent and distribution of the property of an adopted adult is governed by the statute in force when the decree of adoption is entered or at the time of the adopted person's death.

On September 16, 1949, by a decree entered in the old Monmouth County Orphan's Court, a tribunal of competent jurisdiction, one John Bennett adopted Emma...

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