GREENE v. SCHMURAK


39 N.J. Super. 392 (1956)

121 A.2d 35

DORA GREENE, JOAN GREENE SUSLOW AND BARBARA GREENE DUNN, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. LEON SCHMURAK, ROBERT SCHMURAK AND BEATRICE ALTEROWITZ KREPPEL, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1956.


Attorney(s) appearing for the Case

Mr. Reuben P. Goldstein argued the cause for appellants and cross-respondents.

Mr. Milton T. Lasher argued the cause for respondents and cross-appellants.

Before Judges GOLDMANN, FREUND and CONFORD.


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

The primary question involved on this appeal is whether decedent's will comes within the rule of construction that where a will devises a full estate in fee, a subsequent provision purporting to give the same devisee a lesser estate in the property is repugnant to the initial disposition and therefore void.

Rose Schmurak, an elderly widow, died testate on January 4, 1952, leaving three children:...

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