Category: Hot Trends: Developing Case Law
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04.17.2023
Appellate Division Considers Cy Pres Doctrine and a University’s Evolving Needs
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 […]
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03.06.2023
Guardianship Claim Denied for Dearth of Evidence
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 […]
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02.14.2023
Case Summary: Particular Refunding Bond Deemed Essential Term of Settlement Agreement
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, […]
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02.08.2023
Case Summary: 93/7 Split of Wrongful Death and Survivorship Settlement Funds Divided Between Estates of Married Couple Upheld by Appellate Division
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. […]
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02.03.2023
Case Summary: Arbitration Clause in Will Deemed Unenforceable
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 […]
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01.20.2023
Case Summary: Scriveners Do Not Owe Fiduciary Duties to Beneficiaries of Wills They Prepare
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”) […]
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01.18.2023
Case Summary: Appellate Division Adopts Procedure for Disposition of Deceased Child’s Remains
Freedman v. Freedman, 2023 WL 105211 (N.J. Super. App. Div. January 5, 2023) This “sad case” from the Family Part involved a burial dispute between parents over their adult son’s cremation remains and personal property. The court decided that a plenary hearing was not necessary to resolve the dispute, and adopted a procedure for trial […]
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01.16.2023
Case Summary: Absent Credible Direction from Decedent, Appellate Division Looks to Totality of the Circumstances in Deciding Final Resting Place
Crane v. Crane, Docket No. A-3174-20 (N.J. Super. App. Div. Dec. 29, 2022) This case involved the determination of a decedent’s intentions with respect to her burial location and the disposition of her remains. The Appellate Division affirmed the earlier decision of the trial court following a trial that featured testimony from nine witnesses. Decedent […]
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01.06.2023
Handwriting Expert Doesn’t Come in Handy: Appellate Division Dismisses Forgery and Undue Influence Claims
In re Estate of Joel Perkel, No. A-0283-20, 2022 WL 17660550 (N.J. Super. Ct. App. Div. December 14, 2022) The plaintiffs, Jane Perkel (“Jane”) and Robert Perkel (“Robert”), were siblings and the children of the decedent, Joel Perkel. Jane and Robert appealed from a judgment dismissing their complaint to challenge their father’s will and seek […]
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01.03.2023
Annuitant’s Ability to Revoke or Liquidate Annuity Key to Determination of Irrevocability
C.L. v. Division of Medical Assistance and Health Services and Bergen County Board of Social Services, 473 N.J. Super. 591 (App. Div. 2022) C.L. appealed from the denial of her request for Medicaid benefits by the Division of Medical Assistance and Health Services (“DMAHS”). C.L. had previously purchased an annuity contract with the Croatian Fraternal […]
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