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ARAGON v. ESTATE OF SNYDER

715 A.2d 1045 (1998)

314 N.J. Super. 635

Robert ARAGON, Plaintiff, v. ESTATE OF Judith SNYDER, Glenn K. Snyder and James R. Snyder, Defendants.

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

Decided July 9, 1998.

Attorney(s) appearing for the Case

Brett M. Reina, Warren, for plaintiff (Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFrancesco).

Gary Botwinick, for defendants (Riker, Danzig, Scherer, Hyland & Perretti, Morristown).

FISHER, P.J.Ch.

New Jersey's elective share law, N.J.S.A. 3B:8-11, permits a surviving spouse to exercise a right to take an elective share of one-third of the augmented estate of a deceased spouse. Defendant James Snyder survives his late wife, Judith Snyder. Her will left him nothing, and he has not sought to exercise his right to an elective share. Plaintiff Robert Aragon, however, who previously recovered a money judgment against defendant James Snyder...

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