March 10, 2000
IN THE MATTER OF THE ESTATE OF WILMA BILSE, DECEASED.
Before Judges Havey and A.A. Rodr¡guez.
The opinion of the court was delivered by: Per Curiam
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 14, 2000
On appeal from the Superior Court of New Jersey, Chancery Division - Probate Part, Union County, whose opinion is reported at ___ N.J. Super. ___ (Ch. Div. 2000).
Wilma Bilse (Wilma) died testate on June 30, 1998. By Order to Show Cause and Verified Complaint filed November 30, 1998, her husband, Leo Bilse (Leo) sought an elective share of Wilma's estate pursuant to N.J.S.A. 3B:8-15. Leo died testate on December 11, 1998. Robert J. Bilse (Robert), executor of Leo's estate, was substituted as plaintiff to pursue Leo's elective share claim.
By written opinion, Judge Boyle in the Chancery Division, Probate Part, determined that Leo's estate may pursue his elective share only to the extent that the share was necessary for Leo's support for the period between Wilma's and Leo's deaths. An order of dismissal was entered and plaintiff now appeals.
We affirm substantially for the reasons set forth by Judge Boyle in his comprehensive opinion rendered on March 8, 1999, and reported at ___ N.J. Super. ___ (Ch. Div. 2000).