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McKay v. Estate of Louis McKay

New Jersey Superior Court, Appellate Division


Decided: January 19, 1983.

BERNICE MCKAY, PLAINTIFF-APPELLANT,
v.
ESTATE OF LOUIS MCKAY, DEFENDANT-RESPONDENT

On appeal from Superior Court, Law Division, Atlantic County, whose opinion is published at 184 N.J. Super. 217 (1982).

Fritz, Joelson and Petrella.

Per Curiam

[188 NJSuper Page 44] This is an appeal from the order of the trial court denying a motion to allow the filing of a widow's election against her deceased husband's will after the time period fixed by N.J.S.A.

[188 NJSuper Page 45]

3A:38A-5 a.*fn1 We affirm substantially for the reasons set forth by Judge Steedle in McKay v. McKay's Estate, 184 N.J. Super. 217 (Law Div.1982).

Additionally, we note that in the brief filed on her behalf appellant contends that since decedent was a resident of Camden County at the time of his death, the time limit of six months from the appointment of a personal representative under N.J.S.A. 3A:38A-5 a is inapplicable because probate and appointment of an executor in Atlantic County were "improper and void." The brief of the executor insists that decedent was domiciled in Atlantic County at the time of his death. At any rate, because we have been advised by a footnote in appellant's brief that a complaint in the Law Division "has now been instituted to attack the probate," it would not be appropriate for us to deal with this issue at this juncture.

Affirmed.


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