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IN RE ESTATES OF FERNANDEZ

173 N.J. Super. 240 (1980)

413 A.2d 998

IN THE MATTER OF THE ESTATES OF PILAR FERNANDEZ AND LUIS FERNANDEZ.

Superior Court of New Jersey, Law Division — Probate Part, Essex County.

Decided March 5, 1980.

Attorney(s) appearing for the Case

Raymond G. Tomaszewski for proponent.

Stephen N. Maskaleris for Caveator.

YANOFF, J.S.C.

The crucial issue here is whether the will of Pilar Rodriguez Fernandez (Pilar) was validly executed. The issue arose because Giovanna Trupia (Giovanna), Pietro Trupia, the father (Pietro) and Vincenza Trupia (Vincenza), whose names appear as witnesses on the will, refused, in the surrogate's office, to execute affidavits that they had witnessed the execution of the will. The surrogate found doubt on the face of the will. The matter then was referred...

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