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IN RE WOLBERT

47 N.J. Super. 120 (1957)

135 A.2d 533

IN THE MATTER OF THE ESTATE OF JOSEPHINE WOLBERT, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided October 21, 1957.

Attorney(s) appearing for the Case

Mr. Joseph B. Kauffman argued the cause for applicant-appellant (Messrs. Harry M. Tonkin and Joseph B. Kauffman, attorneys).

Mr. Wm. Elmer Brown, Jr., argued the cause for Alfred Steel, administrator, etc., et als. (Messrs. Brown and Frank, attorneys).

Mr. Richard S. Mischlich, attorney for Gretchen Wolbert and Priscilla Alden Riesenberg.

Before Judges CLAPP, JAYNE and HUGHES.

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

The question brought before the court by this appeal is whether under the descent and distribution statute a first cousin of Josephine Wolbert, the intestate, and issue of deceased first cousins, all descendants of Miss Wolbert's grandparents, take her intestate property to the exclusion of Mrs. Marie E.W. Spratt, a second cousin who is a descendant, not of Miss...

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