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MATTER OF ESTATE OF FRIEDLEIN

230 N.J. Super. 100 (1989)

552 A.2d 1018

IN THE MATTER OF THE ESTATE OF ADAM FRIEDLEIN, DECEASED. ERNA FRIEDLEIN, PLAINTIFF, v. JOSEPH G. FRIEDLEIN, EXECUTOR OF THE ESTATE OF ADAM FRIEDLEIN, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1989.

Attorney(s) appearing for the Case

Madnick, Milstein, Mason, Weber & Farnsworth, attorneys for appellant (Peter J. Farnsworth, on the brief).

Mauro & Barry, attorneys for respondent (John C. Prindiville, on the brief).

Before Judges BRODY, ASHBEY and SKILLMAN.

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

This appeal requires us to interpret the provisions of N.J.S.A. 3B:8-1 et seq. which allow a surviving spouse to elect to take one-third of the "augmented estate" of the deceased spouse.

Adam Friedlein died testate on January 26, 1987, nearly ten years after his marriage to plaintiff Erna Friedlein. The decedent's will directed that the...

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