SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-4361-98T3
IN THE MATTER OF THE
ESTATE OF WILMA BILSE,
DECEASED.
Submitted February 14, 2000 - Decided March
10, 2000
Before Judges Havey and A.A. Rodríguez.
On appeal from the Superior Court of New
Jersey, Chancery Division - Probate Part,
Union County, whose opinion is reported at
___ N.J. Super. ___ (Ch. Div. 2000).
Friedman, Sherwin & Scarola, attorneys for
appellant Robert Bilse (Vanessa L. Koppel, on
the brief).
Reussille, Mausner, Carotenuto, Barger &
Steel, attorneys for respondents Anthony F.
Carlo, IV, Daniel Carlo, Lauren Carlo,
Anthony Joseph Carlo, Daniel Michael Carlo
and Ashley Carlo (Derrick A. Scenna, on the
brief).
PER CURIAM
Wilma Bilse (Wilma) died testate on June 30, 1998. By Order
to Show Cause and Verified Complaint filed November 30, 1998, her
husband, Leo Bilse (Leo) sought an elective share of Wilma's
estate pursuant to N.J.S.A. 3B:8-15. Leo died testate on
December 11, 1998. Robert J. Bilse (Robert), executor of Leo's
estate, was substituted as plaintiff to pursue Leo's elective
share claim.
By written opinion, Judge Boyle in the Chancery Division,
Probate Part, determined that Leo's estate may pursue his
elective share only to the extent that the share was necessary
for Leo's support for the period between Wilma's and Leo's
deaths. An order of dismissal was entered and plaintiff now
appeals.
We affirm substantially for the reasons set forth by Judge
Boyle in his comprehensive opinion rendered on March 8, 1999, and
reported at ___ N.J. Super. ___ (Ch. Div. 2000).
Affirmed.