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MATTER OF WILL OF MALINIAK

199 N.J. Super. 490 (1985)

489 A.2d 1229

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF MARTHA C. MALINIAK A/K/A MARTHA C. BENNETT.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1985.

Attorney(s) appearing for the Case

Timins and Lesniak, attorneys for appellant (Raymond J. Lesniak, on the brief).

Robert M. Walton, Jr., attorney for respondent.

Before Judges KING, DEIGHAN and BILDER.

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

This case involves the construction of a will in which a woman made a specific bequest giving her second husband a life estate in the marital abode and then, in a residuary clause, left him the remainder. Her son by her first marriage sought a construction of the will contending that the existence of the specific bequest manifested an intent that his step-father not receive the remainder interest in the marital...

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