ZABOTINSKY v. CONKLIN


90 N.J. Super. 530 (1966)

218 A.2d 422

HARRY ZABOTINSKY, PLAINTIFF, v. CEIL CONKLIN, DEFENDANT. IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF ANN SHORTELL.

Superior Court of New Jersey, Chancery Division.

Decided March 18, 1966.


Attorney(s) appearing for the Case

Mr. Martin Klughaupt, attorney for plaintiff.

Mr. Joseph J. Cappa and Mr. Carmine Vigorito, attorneys for defendant.


MATTHEWS, J.S.C.

This action was instituted by plaintiff Harry Zabotinsky seeking specific performance of a written contract under which he and decedent Ann Shortell agreed to execute reciprocal, nonrevocable wills. The specific performance action was consolidated with an action pending in the Passaic County Court, Probate Division, which sought to probate a paper writing purported to be the last will of Ann Shortell.

The testimony adduced at trial raises...

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