IN RE ESTATE OF MASSEY


721 A.2d 1033 (1998)

317 N.J. Super. 302

In the Matter of the ESTATE OF MASSEY, Deceased.

Superior Court of New Jersey, Chancery Division, Probate Part, Monmouth County.

Decided October 13, 1998.


Attorney(s) appearing for the Case

Lynn A. Kenneally, Manasquan, guardian ad litem for defendant Carly Hall.

John L. Pritchard, Union, for defendant Jane Raphael.

No other appearances.


FISHER, P.J.Ch.

The simply stated, yet deeply, perplexing issue raised involves a bequest in a Will which directed that one-third of the residue should pass "to my niece, DIANE HALL and/or Grandniece, CARLY HALL." Beyond the shadow of any doubt, the use of the phrase "and/or" in that setting is utterly ambiguous and convolutes the ascertainment of the decedent's intent.

Indeed, the use of "and/or", notwithstanding its setting, has been roundly criticized&...

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