KING v. SMITH


123 N.J. Super. 179 (1973)

302 A.2d 144

FREDERICK D. KING, FREDERICK F. RICHARDSON, CO-EXECUTORS OF THE ESTATE OF ROBERT S. HERBERT, JR., DECEASED, PLAINTIFFS, v. RICHARD SMITH, ROBERT SMITH, STILSTON SMITH, THE ESTATE OF JOAN S. BALLER, CAROLE BALLER AND WARREN O'CONNELL, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 20, 1973.


Attorney(s) appearing for the Case

Mr. William F. McCloskey, Jr. and Mr. Henry A. Hill, Jr. for plaintiffs (Messrs. Mason, Griffin, Moore and Pierson, attorneys).

Mr. Bernard A. Kuttner for defendants Richard Smith, Robert Smith and Stilston Smith.

Mr. Samuel C. Inglese for defendants Estate of Joan S. Baller and Carole Baller (Messrs. Moss and Inglese, attorneys).

Mr. Gordon C. Strauss for defendant Warren O'Connell (Messrs. McCarthy, Bacsik and Hicks, attorneys).


FURMAN, J.S.C.

The issues in this action by the co-executors of the will of decedent Robert S. Herbert, Jr. are whether Warren O'Connell, an attesting witness to the will but not to either of two codicils which republished the will, may benefit under the will, and whether Joan Baller, an attesting witness to the first codicil but not to the will or the second codicil, may benefit under the will and the second codicil...

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