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McKAY v. McKAY'S ESTATE

184 N.J. Super. 217 (1982)

445 A.2d 473

BERNICE MCKAY, PLAINTIFF, v. ESTATE OF LOUIS MCKAY, DEFENDANT.

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

Decided February 11, 1982.

Attorney(s) appearing for the Case

Allen A. Etish for plaintiff (Greenberg, Shmerelson, Weinroth & Etish, attorneys).

L. Mifflin Hayes for defendant.

STEEDLE, J.S.C.

At issue is a motion by the widow Bernice McKay for an order allowing the filing of a widow's election against the will of decedent Louis McKay out of time of the six-month period enumerated in N.J.S.A. 3A:38A-5(a). The motion denied for the following reasons:

The facts are undisputed. Louis McKay died on March 10, 1981, a resident of Atlantic County, New Jersey. On or about April 7, 1981 attorney Hayes qualified as executor of decedent...

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