IN RE WILL OF MAXSON


90 N.J. Super. 346 (1966)

217 A.2d 625

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF CHARLES W. MAXSON, DECEASED. MARY BOSLEY, JULIA ROBINSON AND RACHEL JABINE, PETITIONERS-APPELLANTS, v. LYDIA M. NEWBURY, DEFENDANT-RESPONDENT, v. FRANK TOWLER MAXSON, PLAINTIFF-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1966.


Attorney(s) appearing for the Case

Mr. Allen Cornblatt argued the cause for petitioners-appellants (Messrs. Mirne & Nowels, attorneys).

Mr. Stanley J. Blair argued the cause for defendant-respondent (Messrs. Blair & Blair, attorneys).

Mr. F. William Sutton argued the cause for plaintiff-respondent (Messrs. Sutton, Ward, Sutton & Heim, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.


PER CURIAM.

Plaintiff Maxson brought an action under R.R. 5:3-4 in the Ocean County Court attacking the admission of decedent's will to probate by the surrogate, claiming it was executed through undue influence. Petitioners, who stand to gain if the will is set aside, were given notice of the proceeding but did not attempt to intervene formally until plaintiff notified them he was about to settle his claim and...

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