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WINGATE v. ESTATE OF RYAN

290 N.J. Super. 463 (1996)

676 A.2d 144

JOANNE WINGATE, AND SALVATORE ERIC PIRRI, A MINOR, BY HIS GUARDIAN AND NATURAL MOTHER, JOANNE WINGATE, PLAINTIFFS-RESPONDENTS, v. ESTATE OF JOHN J. RYAN AND HELEN THOMAS, ADMINISTRATRIX OF THE ESTATE OF JOHN J. RYAN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1996.

Attorney(s) appearing for the Case

George G. Rosenberger, Jr. argued the cause for appellants (Butler, Butler & Rosenberger, attorneys; Mr. Rosenberger, on the brief).

Charles H. Jones, IV argued the cause for respondents (Gravino, Vittese & Jones, attorneys; Mr. Jones, on the brief).

Before Judges SKILLMAN, PAUL G. LEVY and EICHEN.

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

The issue presented by this appeal is whether N.J.S.A. 9:17-45(b), the section of the Parentage Act, N.J.S.A. 9:17-38 to -59, which requires a paternity claim to be brought within twenty-three years of a child's birth, applies to a paternity claim asserted for the purpose of establishing a right to intestate succession.

The decedent, John J. Ryan, died on the evening of February 6, 1995...

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