ESTATE OF WOLYNIEC v. MOE


94 N.J. Super. 43 (1967)

226 A.2d 743

ESTATE OF JOSEPH WOLYNIEC, DECEASED, BY SALLY O'HARA, ADMINISTRATRIX, SALLY O'HARA, INDIVIDUALLY, AND VICTORIA WOLYNIEC, ALSO KNOWN AS ANN BENSON, PLAINTIFFS, v. MARTINES MOE, JR., BY HIS GUARDIAN AD LITEM, GEORGE WARREN, AND BARBARA ANN MOE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 6, 1967.


Attorney(s) appearing for the Case

Mr. Frederick W. Richards for plaintiffs (Mr. Joseph F. Deegan, Jr., attorney).

Mr. George Warren, guardian ad litem for defendant Martines Moe, Jr.


FURMAN, J.S.C.

On motion and cross-motion for summary judgment the issue submitted is whether an unborn grandchild, whose mother murdered his grandfather, is entitled to his mother's share of his grandfather's estate.

Defendant Barbara Ann Moe pleaded non vult to an indictment for murder of her father, Joseph Wolyniec, on December 27, 1965. She was sentenced to a 20 to 30-year term in the New Jersey State Prison at Clinton. She gave birth to defendant...

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