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MATTER OF PROBATE OF WILL OF SMITH

209 N.J. Super. 356 (1986)

507 A.2d 748

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF ESTHER SMITH, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1986.

Attorney(s) appearing for the Case

Richardson & O'Connor, attorneys for appellants Roberta Crowley and David Smith (James C. Richardson, on the brief).

Woolson, Guterl, Sutphen & Anderson, attorneys for respondents William Dilly, George Dilly, Grover Bush, Mrs. Harold Eick and Anna B. Stevens (Robert E. Guterl and Elizabeth M. Moser on the brief).

Before Judges GAULKIN and STERN.

The opinion of the court was delivered by STERN, J.S.C. (temporarily assigned).

This appeal requires us to decide whether a writing signed by decedent Esther Smith should be admitted to probate as a holographic will pursuant to N.J.S.A. 3B:3-3. Under that statute, a will "is valid as a holographic will, whether or not witnessed, if the signature and material provisions are in the handwriting of the testator."

Shortly after her husband's death in March...

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