Thompson v. National Newark & Essex Bank

The opinion of the court was delivered by

Kilkenny, J. A. D.

This will construction case is before us for the second time. The paragraph in issue in the will provided a bequest in favor of testator’s widow of “an amount equal to fifty percent of my entire estate.”

On the prior occasion we were asked to decide whether calculation of the 50% was to be based upon the value of the estate as of June 13, 1960 when decedent died, or its increased value in 1966 when distribution was to be made. We decided that the amount was to be calculated according to the value “at the time of death and without…