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IN RE THOMPSON

104 N.J. Super. 324 (1969)

250 A.2d 35

IN THE MATTER OF THE ESTATE OF FRANK G. THOMPSON, DECEASED, HELEN LAPP THOMPSON, PLAINTIFF-APPELLANT, v. NATIONAL NEWARK AND ESSEX BANK, AS EXECUTOR AND TRUSTEE OF THE ESTATE OF FRANK G. THOMPSON, DECEASED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1969.

Attorney(s) appearing for the Case

Mr. Philip J. Mylod argued the cause for appellant (Messrs. Mylod and Feinberg, attorneys).

Mr. Geoffrey Gaulkin argued the cause for respondent (Mr. Samuel R. Kirschner, attorney; Messrs. Frohling & Gaulkin, of counsel).

Before Judges CONFORD, KILKENNY and LEONARD.

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

This will construction case is before us for the second time. The paragraph in issue in the will provided a bequest in favor of testator's widow of "an amount equal to fifty percent of my entire estate."

On the prior occasion we were asked to decide whether calculation of the 50% was to be based upon the value of the estate as of June 13, 1960 when decedent died, or its increased value in 1966 when...

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