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IN RE ESTATE OF SELTMANN

42 N.J. 497 (1964)

201 A.2d 578

IN THE MATTER OF THE ESTATE OF WALTER A. SELTMANN, DECEASED. MONTCLAIR NATIONAL BANK AND TRUST COMPANY, PLAINTIFF-RESPONDENT, v. ELAINE C. BARNWELL, CLAIMANT-RESPONDENT, AND JOSEF FREDERICK SELTMANN, CLAIMANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 22, 1964.

Attorney(s) appearing for the Case

Mr. Verling C. Enteman argued the cause for claimant-appellant (Mr. Andrew S. Polito, of counsel).

Mr. Nicholas H. Politan argued the cause for claimant-respondent (Messrs. Checki and Politan, attorneys).

The opinion of the court was delivered

PER CURIAM.

The testator executed his will in 1936 and died shortly thereafter. The question is whether a child adopted by the testator's son is a "child" of the son within the meaning of the will. On motion for summary judgment the trial court held the adopted child was not, relying upon In re Wehrhane, 23 N.J. 205 (1957). We certified the...

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