MATTER OF ESTATE OF ROGERS


245 N.J. Super. 39 (1990)

583 A.2d 782

IN THE MATTER OF THE ESTATE OF PETER ROGERS, SR., DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1990.


Attorney(s) appearing for the Case

John F. Rhody, attorney for appellants.

Klatsky & Klatsky, attorneys for respondents (John A. Haulenbeek, of counsel and on the brief).

Before Judges BRODY, GRUCCIO and D'ANNUNZIO.


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

This is an appeal from a judgment declaring that four claimants (plaintiffs) to this intestate estate are the decedent's out-of-wedlock children. Plaintiffs' assertion of paternity is resisted by the decedent's four children (defendants) of his marriage to E.P., who herself has no interest in the estate because she and the decedent had divorced before he died. The underlying issue is whether the court had the...

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