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IN RE PROBATE OF WILL OF ARANEO

211 N.J. Super. 456 (1985)

511 A.2d 1269

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF GERARD ARANEO, DECEASED.

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

Decided August 26, 1985.

Attorney(s) appearing for the Case

John T. Coyle for proponent (Coyle & VanDorn, attorneys).

John Sheehy for contestant (Sheehy & Sheehy, attorneys).

WEFING, J.S.C.

This case raises a matter of apparent first impression in New Jersey, the construction of N.J.S.A. 3B:5-16(b). This statute provides:

If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.

The issue arises...

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