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MATTER OF ESTATE OF MINCER

201 N.J. Super. 137 (1985)

492 A.2d 1052

IN THE MATTER OF THE ESTATE OF WILLIAM MINCER, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1985.

Attorney(s) appearing for the Case

Sweeney and Sweeney, for appellants (Michael J. Sweeney, on the brief).

Joanna S. Burris, for respondents.

Before Judges FRITZ, GAULKIN and LONG.

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

On this appeal, Aetna Johnson and Donna Lee Sprague (the Johnsons) challenge an order of the trial judge dismissing a complaint through which they sought to establish themselves as residuary legatees after Samuel Johnson under the will of William Mincer. Because the trial judge erred in failing to consider evidence of Mincer's intent in the event that his devise to Samuel Johnson lapsed, we reverse.

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