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Arnheiter v. Arnheiter

Superior Court of New Jersey, Chancery Division
125 A.2d 914 (1956)


Facts

Paragraph two of Burnette K. Guterl’s will directed her executor to sell her “undivided one-half interest” in property located at 304 Harrison Avenue, Harrison, New Jersey and use the proceeds to establish trusts for her nieces. However, at the time of drafting her will and at the time of her death, Guterl had an undivided one-half interest in property located at 317 Harrison Avenue, Harrison, New Jersey and this was the only property on Harrison Avenue in which she had an interest. Additionally, the will had no separate provision providing for distribution of Guterl’s property interest in 317 Harrison Avenue. The will was admitted to probate, but Guterl’s executor (plaintiff) asked the court to correct the obvious drafting mistake by changing 304 Harrison Avenue in the will to 317 Harrison Avenue.

Rule of Law

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Issue

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Holding and Reasoning (Sullivan, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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