Wagner v. Cook

*4The opinion of the court was delivered by

Jacobs, J.

The Appellate Division affirmed the trial court’s determination that the appellant Viola Cook was not entitled to any share of the estate of the testatrix Alma C. Cook. We granted certification on the application of the appellant. 43 N. J. 126 (1964).

Andrew Cook died in 1946 leaving the bulk of his estate to his widow Alma C. Cook. Shortly thereafter Alma executed her will. After revoking any prior wills and directing that her debts be paid, she made a bequest in the third paragraph to her late husband’s grandchildren with a proviso that if…