Holtham v. Holtham, No. A-3894-21, 2024 WL 3896876, (N.J. Super. Ct. App. Div. Aug. 22, 2024) Plaintiff, Frank Holtham, Jr. (“Frank”), as the personal representative for the estate of Frank Holtham, Sr., and derivatively on behalf of CP&F Realty, LLC (the “LLC”), appealed the dismissal of his Complaint against defendants, the co-personal representatives of the […]

Matter of Estate of Heinecke, No. A-3604-21, 2024 WL 1125186 (N.J. Super. Ct. App. Div. March 15, 2024) This case centers around the modification of a will under the cy pres doctrine. Barbara Heinecke (“Decedent”) died testate on April 9, 2021.  The relevant portion of her Last Will and Testament dated January 19, 2012 (“Will”) […]

Matter of Estate of Ryan, No. A-2252-21, 2023 WL 6799134 (N.J. Super. Ct. App. Div. Oct. 16, 2023) This case addressed fee shifting and the application of the American Rule in estate litigation.  In particular, the parties were seeking reconsideration of the trial court’s order which shifted to them the obligation to pay their adversaries’ […]

In the Matter of Estate of Jones, No. A-2944-21, 2023 WL 7509426 (N.J. Super. Ct. App. Div. Nov. 14, 2023) This case reflects the intersection between estate disputes and divorce.  Defendant Jeanine Jones (“Jeanine”) appealed from an April 23, 2020 trial court order granting partial summary judgment and dismissing her creditor’s claim against the estate […]

Harry Kuskin 2008 Irrevocable Tr. By Dworkin v. PNC Fin. Grp., Inc., No. A-1937-21, 2023 WL 4693141 (N.J. Super. Ct. App. Div. July 24, 2023) This case focuses mainly on a bank’s immunity under the Uniform Fiduciaries Law (“UFL”).  N.J.S.A. § 3B:14-52 to -61. Plaintiffs were the Harry Kuskin 2018 Irrevocable Trust (“HKIT”) and the […]

Kianka v. Errickson, No. A-1314-21, 2022 WL 17574240 (N.J. Super. Ct. App. Div. December 12, 2022) This unreported Appellate Division case explores whether a scrivener of a Will owes any duty to a beneficiary of that Will.  Under the circumstances of this case, the Appellate Division found there was no such duty. Jack Kisthardt (“Decedent”) […]

Moynihan v. Lynch, 250 N.J. 60 (March 8, 2022) This New Jersey Supreme Court decision addresses the validity of a palimony agreement. Beginning in 1997, plaintiff Kathleen Moynihan (“Kathleen”) and defendant Edward Lynch (“Edward”) were involved in a long-term romantic relationship.  In 2000, Kathleen and her children moved into to a home in Bordentown, New […]

Victory’s Dawn, Inc., et al., v. Clarence Anicholas Clemons, III, et al., No. 21-9744 (D.N.J. February 17, 2022) This case – out of the District Court of New Jersey – addresses issues as to the intellectual property rights of a decedent which were held in trust.  The intellectual property rights were those of the legendary […]

In re Bierstadt Paintings Charitable Tr., Dated October 6, 1919, A-0529-20, 2021 WL 3057076 (N.J. Super. App. Div. July 20, 2021). In 1919, J. Ackerman Coles (“Coles”), a well-known doctor, art collector, and philanthropist, gifted inter vivos two paintings to the City of Plainfield (“the City”).  The paintings by Albert Bierstadt are held in a […]

Mac Naughton v. Power Law Firm, A-3711-19, 2021 WL 2964324 (N.J. Super. App. Div. July 15, 2021). This case addresses the importance of naming additional parties pursuant to Rule 4:5-1(b)(2) in initial pleadings. Plaintiff W. James Mac Naughton (“Jim”) appealed a May 27, 2020 Order granting summary judgment to defendant Power Law Firm, LLP, Jinhee […]