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KIMLEY v. WHITTAKER

63 N.J. 235 (1973)

306 A.2d 443

DOROTHY KIMLEY, ADMINISTRATRIX, C.T.A., UNDER THE WILL OF FRANCES M. LULA, DECEASED, PLAINTIFF-RESPONDENT, v. EDWARD WHITTAKER, GEORGE WHITTAKER, MARY ROBERTSON, WILLIAM WHITTAKER, JOSEPH WHITTAKER, LILLIAN McFARLAND, CHESTER ROSEWALL, CHARLES ROSEWALL, AND THOMAS ROSEWALL, DEFENDANTS, AND MARY SMITH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 26, 1973.

Attorney(s) appearing for the Case

Mr. Francis E. Malloy argued the cause for appellant.

Mr. Frank W. Thatcher argued the cause for respondent (Mr. D. Vincent Lazzaro, attorney).

The opinion of the Court was delivered by SULLIVAN, J.

This is a will case. Decedent Frances M. Lula died August 30, 1970 leaving a will dated December 2, 1955 wherein she left her entire estate to her husband Walter, but made no provision for alternate disposition in the event he predeceased her. In fact, she survived her husband.1

The operative provisions of decedent's will, which was...

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