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IN RE ESTATE OF COFFIN

103 N.J. Super. 1 (1968)

246 A.2d 489

IN THE MATTER OF THE ESTATE OF EDWARD WARREN COFFIN, DECEASED. NATIONAL NEWARK & ESSEX BANK, PLAINTIFF, v. AUDREY N. BOLLIN, EXECUTRIX UNDER THE WILL OF AUDREY NEWITT, PROPONENT-DEFENDANT-APPELLANT, AND THE FIRST CHURCH OF CHRIST, SCIENTIST, IN BOSTON, MASSACHUSETTS, PROPONENT-DEFENDANT-APPELLANT, AND EDWARD W. COFFIN, JR., CAVEATOR-DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 19, 1968.

Attorney(s) appearing for the Case

Mr. Alfred C. Clapp, argued the cause for proponent-defendant-appellant Audrey N. Bolin, Executrix under the Will of Audrey Newitt and proponent-defendant-appellant First Church of Christ, Scientist, in Boston, Massachusetts (Messrs. Clapp & Eisenberg, attorneys; Messrs. Arnold K. Mytelka & Robert P. Gorman; of counsel).

Mr. Robert C. Lawrence, III, attorney for proponent-defendant-appellant First Church of Christ, Scientist, in Boston, Massachusetts.

Mr. Jay R. Benenson argued the cause for caveator-defendant-respondent Edward Warren Coffin, Jr. (Messrs. Furst, Furst, Feldman & Benenson, attorneys; Mr. Jonathan Kohn, on the brief).

Before Judges SULLIVAN, FOLEY and LEWIS.

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

This is an appeal from a judgment of the County Court denying probate to decedent's will, dated August 25, 1962, on the ground that, at the time the will was executed, the decedent lacked testamentary capacity because he was suffering from the insane delusion that caveator was not his son. For reasons hereinafter stated, we reverse and direct that the will be admitted to probate.

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