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IN RE PROBATE OF D'AGOSTINO

9 N.J. Super. 230 (1950)

75 A.2d 913

IN THE MATTER OF THE PROBATE OF THE WILL OF JOHN A. D'AGOSTINO, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1950.

Attorney(s) appearing for the Case

Mr. Wm. Elmer Brown, Jr., argued the cause for the appellant (Mr. Edward I. Feinberg, attorney).

Mr. James N. Butler argued the cause for the respondents (Messrs. Moore, Butler & McGee, attorneys).

Before Judges JACOBS, BIGELOW and JAYNE.

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

Judgment was entered in the Chancery Division admitting to probate the will of the decedent John A. D'Agostino dated March 9, 1928, and the caveatrix, his widow Mrs. Jeanette D'Agostino, appeals therefrom. Her appeal rests upon the contention that when the will was executed a duplicate was also executed and that on March 7, 1943, this duplicate was destroyed by the decedent with the intention of revoking his...

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