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ALPER v. ALPER

2 N.J. 105 (1949)

65 A.2d 737

HAROLD ALPER, COMPLAINANT-APPELLANT, v. THERESA ALPER, DEFENDANT-RESPONDENT, AND JEROME ALPER ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 25, 1949.

Attorney(s) appearing for the Case

Mr. Milton M. Unger (Messrs. Milton M. & Adrian M. Unger, attorneys) argued the cause for the complainant-appellant Harold Alper.

Mr. Meyer E. Ruback (Mr. Joseph A. Weisman, on the brief; Messrs. Ruback & Albach, attorneys) argued the cause for the respondent Theresa Alper.

Mr. Irving Morris (Messrs. Robinson & Morris, attorneys) argued the cause for the defendants-appellants Jerome Alper et al.

Mr. Sheldon G. Harlan on the brief for the appellant Goldye A. Shapiro, guardian ad litem.

The opinion of the court was delivered by HEHER, J.

The primary question here is the meaning and the validity of this testamentary condition:

"Tenth: — It is my will and command that should any of my children or said grandchildren institute or maintain any proceeding in any court, for the purpose of attacking the validity of this Will, or for the purpose of effecting a disposition of my estate other than in the specific manner aforementioned, by court...

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