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IN RE ESTATE OF PAYNE

895 A.2d 428 (2006)

186 N.J. 324

In the Matter of the ESTATE OF Theodore M. PAYNE, Deceased.

Supreme Court of New Jersey.

Decided April 20, 2006.

Attorney(s) appearing for the Case

Dennis T. Smith, Hackensack, argued the cause for appellant, Donald P. Burton (Pashman Stein, attorneys; Michael S. Stein, of counsel; Mr. Smith and Mr. Stein, on the briefs).

John P. Beyel, Morristown, argued the cause for respondent Daulton J. Lewis, Executor of the Estate of Theodore M. Payne, Deceased (McElroy, Deutsch, Mulvaney & Carpenter, attorneys).

Neal M. Frank, Marcus Hook, PA, argued the cause for respondent Frederick P. Wohlfarth.

Justice WALLACE delivered the opinion of the Court.

In this will contest, decedent had executed a will with a specific provision for his estate to pay to the joint tenant of a property he owned in Maine an amount equivalent to the mortgage debts on that property. Other than the "payment of all my just debts" clause, the will did not have a provision for the estate to pay the mortgage debts on decedent's home in New Jersey. Decedent bequeathed his New Jersey property...

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