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IN RE KLEIN'S ESTATE

36 N.J. Super. 407 (1955)

116 A.2d 53

IN THE MATTER OF THE ESTATE OF STANLEY J. KLEIN, DECEASED. WILLIAM FELSTINER AND CHARLES W. STIEFEL, JR., CO-EXECUTORS AND CO-TRUSTEES, ETC., PLAINTIFFS-RESPONDENTS, v. JOSEPH J. LYONS, JR., INCOME BENEFICIARY, ETC., DEFENDANT-APPELLANT, AND ANNE K. KLEIN, WIDOW OF STANLEY J. KLEIN, ETC., AND WALTER H. JONES, GUARDIAN AD LITEM OF STANLEY J. KLEIN, JR., ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1955.

Attorney(s) appearing for the Case

Mr. Milton T. Lasher argued the cause for appellant.

Mr. Abram A. Lebson argued the cause for plaintiffs-respondents.

Mr. Paul T. Huckin argued the cause for defendant-respondent Anne K. Klein (Mr. Irving S. Reeve, attorney).

Mr. Irving C. Evers argued the cause for defendant-respondent Walter H. Jones as guardian ad litem of Stanley J. Klein, Jr., etc. (Mr. Walter H. Jones, attorney, pro se).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Actions instituted to elicit the judicial construction of a last will and testament commonly project the two basic questions. Will the court execute the clear intent of the testator which is not fully or definitely expressed in the will, or will it, by a strict technical adherence to the form of words and their literal meaning, or the absence thereof, suffer the discernible intention of the testator to be defeated...

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