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IN RE ESTATE OF MOSES

32 N.J. 341 (1960)

160 A.2d 809

IN THE MATTER OF THE ESTATE OF JAMES MOSES, DECEASED, LATE OF THE BOROUGH OF SPRING LAKE, MONMOUTH COUNTY, NEW JERSEY, LAURA M. BRINTON AND ETHEL R. MERRILL, INDIVIDUALLY AND AS TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF JAMES MOSES, DECEASED PLAINTIFFS-RESPONDENTS, AND LYDIA MERRILL FRITZ, MARY WHITE WATKINS, ELEANOR CHAMBERLIN, EDWARD M. CHAMBERLIN AND LAURA CHAMBERLIN CAMPBELL, DEFENDANTS-RESPONDENTS, AND JOAN ISELIN HYDE, DEFENDANT-RESPONDENT, v. PETER MERRILL WATKINS, DEFENDANT-RESPONDENT, AND ERIC WATKINS ET ALS., INFANTS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 23, 1960.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for the appellants (Messrs. Durand, Ivins and Carton, attorneys).

Mr. Arnold Tulp argued the cause for the defendants-respondents.

Mr. Ralph E. Lum, Jr., argued the cause for the plaintiffs-respondents (Messrs. Lum, Fairlie and Foster, attorneys).

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Sullivan in the court below.

PROCTOR, J. (dissenting in part).

I agree with the statement contained in the opinion of the Appellate Division which has been adopted by the majority:

"Prior to 1952 it was settled law that the unqualified word `issue' in a will signified progeny to the remotest degree and carried with it a rebuttable presumption that the distribution...

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