IN RE ESTATE OF DITTRICH


163 N.J. Super. 449 (1978)

395 A.2d 216

IN THE MATTER OF THE ESTATE OF JOSEPH GEORGE DITTRICH, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1978.


Attorney(s) appearing for the Case

Messrs. Wherry and Casale, attorneys for the appellant (Mr. Charles J. Casale, Jr. on the brief).

Mr. Stephen J. Zielinski, attorney for the respondent.

Before Judges CONFORD, PRESSLER and KING.


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

The novel question raised by this will construction case is whether the anti-lapse statute, N.J.S.A. 3A:3-13, applies where the deceased devisee is a substituted or contingent beneficiary who has failed to survive the primary beneficiary. The trial judge held that in the circumstances before it the statute applied and we concur.

Testator Joseph George Dittrich executed his last will in 1953...

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