IN RE ESTATE OF SANTELLI


28 N.J. 331 (1958)

146 A.2d 449

IN THE MATTER OF THE ESTATE OF FRANCESCO SANTELLI, DECEASED. ESTER SANTELLI, CONTESTANT-APPELLANT, AND GUARANTEE BANK AND TRUST COMPANY, EXECUTOR OF THE ESTATE OF FRANCESCO SANTELLI, DECEASED, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 1, 1958.


Attorney(s) appearing for the Case

Mr. Frank Pascarella argued the cause for contestant-appellant (Mr. Herbert Horn, on the brief and of counsel).

Mr. Allen B. Endicott, Jr., for Guarantee Bank and Trust Co., executor, etc. (Messrs. Endicott, Dowling & Endicott, attorneys).

Mr. William Elmer Brown, Jr., argued the cause for Jennie Rosa (Messrs. Brown and Frank, attorneys).

Mr. John A. Miller for Turiddo Simoni, Vice Consul, etc.


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

This appeal was certified on our motion in order to decide the question of whether the marriage of a man impliedly revokes his antenuptial will. The issue has never before been raised in the courts of this State.

At common law, marriage of a woman ipso facto revoked her will. Upon her assumption of the marital status, the wife's identity became so merged with that of

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