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IN RE ESTATE OF EMMONS

91 N.J. Super. 275 (1966)

219 A.2d 896

IN THE MATTER OF THE ESTATE OF CLARENCE EMMONS, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1966.

Attorney(s) appearing for the Case

Mr. Solomon Friss argued the cause for appellant, Virginia Fussner Emmons (Mr. Patrick T. McGahn, Jr., attorney).

Mr. H. Albert Hyett argued the cause for respondent, Helen Emmons.

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

Virginia Fussner Emmons appeals from an order of the Atlantic County Court, Probate Division, setting aside her appointment as administratrix of the estate of Clarence Emmons. The estate is of slight monetary value and may even be insolvent but the issue involved is important to the parties and the legal question is novel.

Virginia married decedent on a Sunday, November 15, 1964. He died intestate on April 27, 1965. The trial judge

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