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MATTER OF WILL OF SMITH

108 N.J. 257 (1987)

528 A.2d 918

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF ESTHER SMITH, DECEASED.

The Supreme Court of New Jersey.

Decided April 29, 1987.

Attorney(s) appearing for the Case

Mark S. Anderson argued the cause for appellants, William Dilly, George Dilly, Grover Bush, Mrs. Harold Eick, and Anna B. Stevens (Woolson, Guterl, Sutphen & Anderson, attorneys).

James C. Richardson argued the cause for respondents, Roberta Crowley and David J. Smith (Richardson & O'Connor attorneys).

The opinion of the Court was delivered by POLLOCK, J.

Underlying this appeal is the factual question whether the decedent intended a holographic writing to be her last will and testament. The Law Division ruled that she did not so intend and that the writing should not be admitted to probate. Although the Appellate Division sustained the finding that the decedent did not intend the writing to be her will, that court ordered the admission of the writing to probate...

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