In re Estate of Semple, Docket No. A-3415-21 (N.J. App. Div. Jul. 31, 2024) This case dealt with the doctrine of laches. In 2000, Marie Semple executed the Marie Semple Qualified Personal Residence Trust (“QPRT”), an irrevocable trust that then owned residential property. The QPRT directed the trustee, on Marie’s death, to distribute the principal […]

In re Robert T. Keeler Maintenance Fund, 306 A.3d 795 (N.H. 2023) The decedent bequeathed funds in his will to Dartmouth College for the maintenance of a golf course.  The college sought to modify that restriction since the golf course had closed.  The college proposed to use the funds to support other golf-related programs and […]

In re Estate of Seto, 2024 WL 537811 (N.J. Super. Ct. App. Div. February 12, 2024) This case involved an assortment of claims between siblings as to undue influence and other impropriety in both a lifetime transfer of real estate and a last will of their mother. Ngan Lau Kwan Seto (“decedent”) had four children: Peter; […]

Robert Borteck, PC v. Frederick Kennedy And Gabriel Yandoli, Co-Executors of the Estate of Francis P. Kennedy, deceased, Docket No. A-3819-21 (N.J. Super. App. Div. Jan. 22, 2024) Defendants were the executors of the estate of Francis P. Kennedy (“defendants”). On April 14, 2008, defendants entered an agreement with the law firm of plaintiff Borteck […]

In the Matter of A.H., Docket No. A-2782-21 (N.J. Super. App. Div. Nov. 28, 2023) This case addressed an array of issues involving guardianships and divorce. A.H. and T.H. were married in New Jersey in 1987.  A.H. originally filed a complaint for divorce in 2012 but that was dismissed by a consent order in 2017. […]

In the Matter of A.H., Docket No. A-2782-21 (N.J. Super. App. Div. Nov. 28, 2023) This case addressed an array of issues involving guardianships and divorce. A.H. and T.H. were married in New Jersey in 1987.  A.H. originally filed a complaint for divorce in 2012 but that was dismissed by a consent order in 2017. […]

Jones v. Jones, 103 Mass. App. Ct. 223 (2023) This case is another chapter in ongoing interplay of trusts and divorce proceedings between husband and wife. The wife’s mother made a variety of financial gifts and contributions throughout the years, including, but not limited to, settling a trust for the wife’s benefit (the “JJIT”). More […]

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 […]