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Matter of Estate of Emilie Schubert

Decided: March 14, 1950.

IN THE MATTER OF THE ESTATE OF EMILIE SCHUBERT, DECEASED


Jacobs, Eastwood and Jayne. The opinion of the court was delivered by Jayne, J.s.c.

Jayne

A concise chronological narrative will be sufficiently informative of the subject matter of this appeal.

On August 29, 1947, one Emilie Schubert, a resident of North Wildwood in the County of Cape May, subscribed her signature to a paper writing in the presence of two witnesses. The writing is an exemplification of simplicity.

"Wildwood, N.J.

8/29/47

"To whom it may concern --

"I -- Mrs. Emilie Schubert do this day & date -- give all my personal belongings to my dear friend -- Mrs. Flora M. Roberts.

Emilie Schubert

George S. Stein

Dorothy Widmaier"

Mrs. Schubert died on July 17, 1948, and on July 29, 1948, application was made on behalf of Mrs. Flora M. Roberts to the Surrogate's Court of the County of Cape May for the probate of the writing as the last will and testament of the decedent and for the issuance of letters of administration cum testamento annexo. Rule 5:3-2. The surviving witness, Dorothy Widmaier, deposed that the decedent was of sound mind; that she published and declared the paper to be her last will and testament in the presence of the subscribing witnesses, and that in all other essential respects there was a compliance with the requirements pertaining to the lawful execution of a will. The competent and uncontradicted information thus transmitted under oath to the Surrogate's Court constituted proof of the due execution and publication of the paper as the decedent's will. On August 5, 1948, the paper was admitted to probate and letters of administration with the will annexed were upon presentation of the prescribed bond issued to Mrs. Roberts, who obviously was the sole beneficiary designated by the decedent in her will.

It is evident that the decedent was survived by a daughter and by a son of a deceased daughter, both of whom are residents of Cape May County. No notice of the application to the Surrogate's Court for the probate of the will and for letters of ...


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