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In re Probate of Will of Parker

Decided: October 31, 1957.

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF BEATRICE V. PARKER, DECEASED


Clapp, Jayne and Hughes. The opinion of the court was delivered by Clapp, S.j.a.d.

Clapp

This is an appeal from a judgment of the Monmouth County Court, Probate Division, admitting to probate the will of Beatrice V. Parker. The appellants claim that Miss Parker revoked the will.

The will, after directing the payment of Miss Parker's debts and funeral expenses, continues:

" SECOND. All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I do hereby give, devise and bequeath unto VERONICA A. MASON, with whom I now reside, to her, her heirs and assigns forever.

" THIRD. In case said VERONICA A. MASON, should predecease me or should not survive me or she and I die in a common disaster, I do then give, devise and bequeath all the estate of whatever kind and nature herein given, devised and bequeathed unto said VERONICA A. MASON, unto WALTER L. MASON, husband of said VERONICA A. MASON.

" FOURTH. I hereby nominate, constitute and appoint said VERONICA A. MASON, Executrix of this my last will and Testament and in case she should not survive me, I then appoint said WALTER L. MASON, Executor. I do hereby give unto said Executrix or Executor full power to grant, bargain, sell and convey any and all real estate of which I may die possessed and give therefore good and sufficient deeds of conveyance."

At some time between 1942 when the will was executed and 1956 when it was found, a large X-mark had been drawn by pen across paragraph second of the will. Moreover (as the County Court found) a line had then been drawn by the pen through these opening words of Paragraph Third:

"In case said VERONICA A. MASON, should predecease me or should not survive me or she and I die in a common disaster"

The County Court found, however, that the pen drawing the line in paragraph second ran out of ink apparently, so that the line became ineffectual after the word "die." These findings are not challenged on the appeal. On the back of the will there is written in testatrix' hand:

"This whole will is wrong and must be changed -- People and charities to be considered --

Beatrice V. ...


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