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IN RE ESTATE OF SCHUHMANN

125 N.J. Super. 56 (1973)

308 A.2d 375

IN THE MATTER OF THE ESTATE OF WILHELMINA SCHUHMANN, ALSO KNOWN AS BILLIE SCHUHMANN, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1973.

Attorney(s) appearing for the Case

Mr. Harrison F. Durand argued the cause for appellant Philip Schuhmann (Messrs. Durand, Twombly & Imbriaco, of counsel; Mr. Edwin P. Gordon, attorney).

Mr. Robert B. Silverman argued the cause for respondent Joseph G. Boratto (Messrs. Gertner & Silverman, of counsel; Messrs. Boratto & Silverman, attorneys).

Before Judges FRITZ, LYNCH and TRAUTWEIN.

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

This appeal involves a contest over a decedent's estate.

Wilhelmina Schuhmann died after having executed a common or joint will with her husband, Christian J. Schuhmann, who predeceased her. This will, executed June 21, 1967, provided reciprocally in its first paragraph for a bequest of all the estate of the first to die to the survivor. This paragraph also appointed the survivor to be the executor. The...

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