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Matter of Ranney

Decided: March 19, 1990.

IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF RUSSELL G. RANNEY, DECEASED


On appeal from Superior Court of New Jersey, Law Division, Probate Part, Monmouth County.

Dreier, D'Annunzio and Wefing. The opinion of the court was delivered by Wefing, J.s.c. (temporarily assigned).

Wefing

This matter is here on appeal from a judgment of the Superior Court, Law Division, Probate Part, which vacated a judgment of the Monmouth County Surrogate admitting a document to probate as the Last Will and Testament of Russell G. Ranney who died April 4, 1987. The document consisted of five pages with eleven articles. The eleventh article concluded on the fourth page and was immediately signed on that page in the following manner:

IN WITNESS WHEREOF, I have set my hand and seal this 26th day of October, One Thousand Nine Hundred and Eighty Two.

/s/ Russell G. Ranney

Russell G. Ranney L.S.

Nothing further was on that page; the next page appeared as follows:

ACKNOWLEDGMENT AND AFFIDAVIT RELATING TO EXECUTION OF WILL

STATE OF NEW JERSEY

ยง

COUNTY OF MONMOUTH

RUSSELL G. RANNEY, JOHN SCHUSTER, III, and LAURA J. STOUT, the Testator and the witnesses, respectively whose names are signed to the attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; and that each witness states that he or she signed the Will as witnesses in the presence and hearing of the Testator and that to the ...


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