In Re the Estate of Sapery

The opinion of the court was delivered by

Heher, J.

At issue here is the testamentary efficacy of an instrument purporting to be a codocil, duly executed according to law, which appoints an executor of the maker’s last will and testament theretofore made and revokes the nomination of the executor therein named, and modifies and amends the will accordingly but otherwise “confirm [s], rati [fies], redeclare [s] and republish [es]” the prior testamentary disposition. The stated question, res nova in New Jersey, is whether the codicil is “entitled to probate and the named Executor entitled to…