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STAUDTER v. ELTER

64 N.J. Super. 432 (1960)

166 A.2d 394

JOSEPH STAUDTER, PLAINTIFF-APPELLANT, v. BARBARA ELTER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ANNA VERONICA STAUDTER, A/K/A ANNA V. STAUDTER, DECEASED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Reargued November 28, 1960.

Decided December 12, 1960.

Attorney(s) appearing for the Case

Mr. Charles J. Tyne argued the cause for plaintiff-appellant.

Mr. Joseph M. Harrison argued the cause for defendant-respondent (Messrs. Murphy and Skelley, attorneys).

Before Judges PRICE, GAULKIN and SULLIVAN.

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

Plaintiff filed suit claiming that he and his late wife, Anna V. Staudter, had made an irrevocable agreement to dispose of their respective property by mutual and reciprocal wills. He charged that pursuant to the agreement he and his wife, on March 29, 1951, had executed such wills, but that thereafter his wife secretly made another will eliminating plaintiff...

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