IN RE ESTATE OF HENDRICKSON


736 A.2d 540 (1999)

324 N.J. Super. 538

In the Matter of the ESTATE OF Earle HENDRICKSON, Decedent.

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

Decided May 19, 1999.


Attorney(s) appearing for the Case

Turp, Coates, Essl & Driggers, P.C., Hightstown (David H. Coates, appearing), attorneys for plaintiff Fleet Bank, N.A., Trustee for the Trust created under the Last Will and Testament of Wycoff Hendrickson, deceased.

Cerrato, Dawes, Collins, Saker & Brown, Freehold (John I. Dawes, appearing), attorneys for defendants Elizabeth S. Corson, Kathryn Deacon and Marie Field Sharbaugh.

Richard O. Venino, Jr., Sea Girt, for defendants Carol Lynn Gasslein, Bonnie Joyce Weaver and Robert H. Weaver.

Ronald J. Geck, Allentown, for defendants Elizabeth A. Olson and Nancy L. Nicholson.


FISHER, P.J.Ch.

It seems unimaginable that a court, near the end of this millennium, would be asked to consider the application of the long-abolished "Rule in Shelley's Case." Yet, this anachronistic doctrine—like Banquo's Ghost—has raised its hoary head and must be addressed not as an academic puzzle but as the key to a very real and substantial property dispute.

Wycoff Hendrickson ("Wycoff") died in 1928. His will, executed eight years earlier...

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