Matter of Estate of Clarkin, No. A-1898-21, 2023 WL 3993261 (N.J. Super. App. Div. June 13, 2023) The decedent, Thomas Clarkin, executed his last will, married Geraldine, and post-marriage, executed a power of attorney in Geraldine’s favor.  Matter of Estate of Clarkin at *1. Following Thomas’ marriage to Geraldine and a year prior to Thomas’ […]

Ballingall v. Ballingall, No. A-2494-21, 2023 WL 3698577 (N.J. Super. App. Div. May 30, 2023) This dispute arose among siblings Carol Ballingall (“Carol”), JoAnn Strack (“JoAnn”), and David Ballingall (“David”) over the control of four limited liability companies (“LLCs”).  Carol and JoAnn appealed an Order granting summary judgment for their brother, David.  The Order declared […]

In re Estate of Counselman, Docket No. A-1456-21 (N.J. Super. App. Div. June 28, 2023) This decision focused on whether summary disposition was proper in a will contest rooted in a writing intended as a will. The decedent, Elizabeth Counselman (“Counselman”), left an estate valued at more than $4 million. Plaintiff Carl Oxholm, III (“Oxholm”) […]

In re Laury, Docket No. A-2087-21 (N.J. Super. App. Div. April 25, 2023) This case centered on a claim of undue influence as to a will and the court finding that a presumption of undue influence did not arise. Plaintiff Michael Laury, Sr. (“Michael”) filed an action contending that his son’s last will was the […]

In the Matter of The Eleanor M. Weisbrod Endowed Scholarship, Docket No. A-2199-21 (N.J. Super. App. Div. April 6, 2023) This decision addresses an application by Georgian Court University (GCU) to modify the criteria for awarding scholarships from a fund (“Fund”) established by Eleanor M. Weisbord (“Weisbrod”). Weisbrod graduated from GCU in 1944.  Her major […]

In re A.S.E., Docket No. A-1873-21, 2023 WL 2335703 (N.J. Super. App. Div. March 3, 2023) This matter concerns an appeal by a father (Greg) of an order denying his requests for: (1) removal of his ex-spouse (Liz) as guardian of their incapacitated son (Adam), and (2) appointment of Greg as Adam’s guardian.  Greg also […]

In re: Estate of Harriet Ross, Docket No. A-3757-20 (N.J. Super. App. Div. January 20, 2023) Defendant Jeffrey Ross (“Jeffrey”) appealed three orders: (1) an April 16, 2021, Order granting the motion to enforce a second settlement agreement filed by Plaintiff Leslie Ross (“Leslie”); (2) a May 21, 2021, Order amending the April 16, 2021, […]

Estate of Tanaka v. Kazary, 2023 WL 382310 (N.J. Super. App. Div. January 25, 2023) Sayoko Tanaka (“Tanaka”) and Keith Rosello (“Rosello”), a married couple, were tragically struck by a vehicle and killed on December 1, 2017.  Tanaka died before reaching the hospital, while Rosello lived another four months before succumbing to his extensive injuries.  […]

Authors: Steven K. Mignogna, Kelly M. Barry In re: Hekemian, Docket No. A-1774-21 (N.J. Super. App. Div. January 13, 2023) The decedent, Samuel P. Hekemian (“Decedent”), was survived by his wife and their four sons, including the plaintiff and one of the defendants.  Decedent left a Last Will and Testament (“Will”) that named the defendants […]

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”) […]