In Re Beck's Will.

Decision Date17 May 1948
PartiesIn re BECK'S WILL.
CourtNew Jersey Prerogative Court
OPINION TEXT STARTS HERE

Appeal from Surrogate's Court, Bergen County.

Proceeding to probate the last will of Edward A. Beck, deceased. From order of the Bergen County Surrogate's Court denying admission of instrument involved to probate, proponents appeal.

Instrument admitted to probate.

Syllabus by the Court

.

To be valid as a soldier's will under the provisions of R.S. 3:2-7, a disposition of property by a soldier must have been made during a war and while the soldier was in actual military service; the language used must show an intention to make a testamentary disposition of property and the property disposed of must be personal property.

Charles L. Bertini, of Wood Ridge, for appellants.

Sanderson & Engel, of Newark (Frederick W. Engel, of Newark, of counsel), for respondent.

GRIMSHAW, Vice Ordinary.

This matter was originally referred to V. C. Lewis, and, upon his retirement, was re-referred to me. It involves an appeal from an order of the Surrogate of Bergen County, denying probate to a document alleged to be the will of a soldier.

The facts are not in dispute. The decedent, Edward A. Beck, a resident of Wood Ridge, in Bergen County, enlisted in the U. S. Marine Corps on July 10, 1939. He was discharged May 3, 1946. On May 20, 1946, while in the State of Nevada, Beck was killed. He had married on August 6, 1942.

On January 30, 1946, Edward A. Beck, while in the military service, wrote the instrument which was offered for probate as his will. The paper which was signed by Beck was enclosed in a sealed envelope bearing the following statement:

Navy Department

‘Headquarters Squadron

‘Marine Aircraft Group 22

‘c/o Fleet Post Office,

‘San Francisco, Calif.

‘Official Business

‘Do not open this except in the case of my death.

‘Ed'

This envelope was accompanied by a note reading as follows:

Sya Lyd--

‘You don't have to show this to the folks, but its something I should have done, a long time ago. Now don't get excited, its just a Will. It should be legal, I guess. It may save some argument.

‘See ya'

‘Ed.

‘Oh incidently-If Eddy wants any or all of my technical books, why he can have 'em.'

Both documents were sent by mail to his sister and brother-in-law in an envelope addressed as follows:

W. O. Edw. A. Beck, USMC

Hq. Sq. M. A. G. 22, 4th M. A. W.

‘c/o F. P. O., San Francisco, Calif.

U.S. Jan. 31 PM 1945 NAVY

‘Passed by Naval Censor

‘Mr. & Mrs. Edw. Schwerdtfeger

‘161 Jefferson Street

‘Wood-Ridge, New Jersey'

The instrument offered for probate is in the following language:

‘30 January 1945

‘First off-My tools-I want Ted to get 'em all, except if Pop or Ed S. wants or needs any of 'em and its O.K. with Ted, why it suits me. But, I want some one who can appreciate 'em and will take care of 'em.

‘My clothes-All of 'em to Ted, 'cause he's the only one they will fit.

‘My Green officer uniforms-Send 'em collect to the Post Quarter Master, Marine Barracks, Quantico, Va. for resale, and the proceeds to go to the Navy Releif Socity.

‘2
‘30 January 1945

‘War Bonds-Even tho Mom & Pop are carried as Benificiary on these, If possible, let them mature, and then (if the folks don't need the money) split 'em up like so-.2 Magda, .3 to Anna, .3 to Lydia, and .2 to Ted. (thats 2 tenths, 3 tenths, etc.)

‘Cash American-All of it to Mon & Pop

‘Trunk-Let Teddy have it.

‘Insurance and this is a headache. The policy I have with Metropolitian, (I think its about 3 or 4 hundred) to Lydia & Ed, for all the favors, and work they've done for me.

‘3
‘30 January 1945

‘The Thousand dollar policy to be split 4 (four) ways, one equal part to Magda, Anna, Lydia & Ted.

‘My ten thousand Policy all to the folks, with the proviso (where did I pick that word up) that when & if something happens to them, that the proceeds go to Teddy.

‘Oh yeah-Ted can also have my watch and anything else I forget.

‘And not a bloody cent to Maggie.

‘Have a good time with this stuff, folks, and don't feel too unhappy. I aint.

Edward A. Beck

‘W.O., USMC'

It is undisputed that the alleged will and the memorandum accompanying it were signed by the said Edward A. Beck. At the time the documents were written, Beck, to quote the official record of the Marine Corps, was serving ‘as a Warrant Officer with Headquarters Squadron 22, Marine Aircraft Group 22, Fourth Marine Aircraft Wing, in the combat zone of Marshalls Islands, Gilbert Area.'

The statute, R.S. 3:2-7, N.J.S.A., excepting wills of soldiers and soilors from the provisions of the Wills Act, is as follows:

‘Disposition of personalty by soldiers and sailors.

‘Disposition of movables, wages and personal estate may be made as heretofore by a soldier while in actual military service or by a mariner or seaman while at sea and nothing contained in this chapter shall affect such dispositions.'

The language just quoted is changed but slightly from that found in the Compiled Statutes, 1910, p. 5865, § 18, which reads as follows:

‘That notwithstanding this act, any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his movables, wages and personal estate, as he might have done before the making of this act.'

That same phraseology is to be found in all of the earlier statutes of this state bearing upon the execution of wills. It is identical with that used in the English statute, 29 Car. II, c. 3, par. 23, which terminated the informality in the making of testaments therefore...

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