Opinion
No. A-4444-02T5.
Submitted March 3, 2004
Decided April 2, 2004
On appeal from the Superior Court of New Jersey, Chancery Division, Monmouth County, P-287-02, whose opinion is reported at 369 N.J.Super. 136, 848 A.2d 81 (Ch.Div. 2003).
Before Judges KESTIN, AXELRAD and WINKELSTEIN.
Carton and Associates, attorneys for appellant Charles Creel (Lawrence A. Carton, III, on the brief).
Patricia A. Bennett, attorney for respondent Michael Ferree.
The novel question presented by this appeal is whether the filling in the blanks on a pre-printed will form, signed but not witnessed as required by statute, satisfies the requirements for recognition as a holographic will. The Chancery Division judge held that it does not. He dismissed the complaint seeking admission of the purported will to probate and declared the decedent to have died intestate.
We agree and affirm substantially for the reasons expressed by Judge Clarkson S. Fisher, Jr., in his comprehensive opinion reported at 369 N.J.Super. 136, 848 A.2d 81 (Ch.Div. 2003).