Author: Colin P. McHugh
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01.15.2025
Another Example Where Technical Formalities Are Not Necessary to Effectuate a Testator’s Intent
Bartek v. LoSapio, No. A-3022-21, 2025 WL 37451 (N.J. Super. App. Div. Jan. 7, 2025) This case deals with a codicil’s validity that does not reference the decedent’s most recent Last Will and Testament. The Appellate Division was not concerned with the error, even if the error constituted a deficiency in the formality of a […]
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11.25.2024
Appellate Division Remands Case for Determination of the Application of the Entire Controversy Doctrine to Claims of Breach of Fiduciary Duties
Ventre v. Balsamo, 2024 WL 4749519, (N.J. Super. App. Div. Nov. 12, 2024) This matter came before the Appellate Division because the trial court found the plaintiff’s legal malpractice against claim against Arthur Balsamo, Esquire (“Attorney”) barred under the entire controversy doctrine and the doctrine of collateral estoppel. The Appellate Division affirmed the Law Division’s […]
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11.05.2024
Testator’s Children and Company Challenge Validity of Will Provision Directing Children to Keep the Testator’s Wife on the Company’s Payroll for the Remainder of Her Life
In re Estate of Kenneth C. Haugh, 2024 WL 4664488 (Pa. Super. Nov. 4, 2024) This matter came before the Superior Court on appeal from the Orphans’ Court granting declaratory judgment in favor of Deborah Haugh, wife of testator Kenneth Haugh, after she died in October 2022. The primary issues decided on appeal were whether […]
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10.29.2024
Sisters Deemed Out of Time in Bringing Breach of Fiduciary Duty Claims Against Sister-in-Law
Geswaldo v. Geswaldo, 2024 WL 4615590, No. A-3540-21 (N.J. Super. App. Div. Oct. 30, 2024) Christine and Rachel Geswaldo (the “sisters”) appealed a decision in favor of their sister-in-law, Joan Geswaldo, regarding a dispute over a family trust and real estate partnership. In 1991, Joseph, the siblings’ father, set up a trust to hold two […]
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