Allin v. Morris

By Judge John J. McGrath, Jr.

This matter is before the Court on Plaintiffs Motion for Summary Judgment pursuant to Rule 3:20 of the Rules of the Supreme Court. Although the Defendant has filed a counterclaim, no Motion for Summary Judgment has been filed on the Counterclaim.

Plaintiff is one of the two surviving children of Melvie M. Dean, who died testate on December 5, 2005. Her will was admitted to probate on January 12, 2006, and Defendant, who was the deceased’s son-in-law, qualified as her Executor. By Clause Fourth of her will, the Testatrix purported to:

devise and bequeath all of my…