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Matter of Estate of Fay Horowitz

Decided: February 25, 1987.

IN THE MATTER OF THE ESTATE OF FAY HOROWITZ, DECEASED


Lario, J.t.c. (temporarily assigned).

Lario

The residuary beneficiary and his wife, who is the contingent trustee under the will of Fay Horowitz, have filed an application in this estate matter requesting the appointment of the wife as guardian for their infant child over any interest the child may have in the decedent's estate and for court approved authorization by the guardian to disclaim such interest.

On the return date, after argument was presented by counsel for plaintiff, the court advised that it was inclined to deny the application; however, prior to entering its final determination it granted counsel's request to further research the issue involved and to present legal authority in support of his position.

Thereafter, instead of filing a legal brief counsel forwarded a letter to the court advising as follows:

January 17, 1987

The Honorable Anthony M. Lario,

Camden County Hall of Justice,

Fifth & Mickle Boulevard,

Camden, New Jersey 08103

Re: The Estate of Fay Horowitz

Dear Judge Lario:

We are hereby withdrawing our application for the Court's authorization of the disclaimer that was proposed in the above-captioned matter. Upon review of the applicable statutes, it is our conclusion that the matter should have been heard by the Court having jurisdiction over the minor, not by the Court having jurisdiction over the estate of the decedent.

N.J.S.A. 3B:9-4 provides in part:

A disclaimer on behalf of a decedent, minor, or mentally incompetent may be made by the personal representative of the decedent or the guardian of the estate of the minor or mentally incompetent person. The disclaimer shall not be effective unless, prior thereto, the personal representative or guardian has been authorized to disclaim by the Court having ...


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