Category: Hot Trends: Developing Case Law
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08.25.2023
PNC Not Bound By Fiduciary Duties to Trust Beneficiaries
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 […]
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08.18.2023
All in the Family: Brother’s Suit Claiming Breach of Fiduciary Duties and Unjust Enrichment Fails
Jemison v. Jemison, No. 21-1805, 2022 WL 2383611 (3d Cir. July 1, 2022) William Jemison and Michael Jemison were officers and members of the Board of Directors for Heyco, Inc. (“Heyco”), and co-trustees and beneficiaries to the Jemison Family Trust (“Trust”). Their brother, Steven Jemison (“Steven”), a former shareholder of Heyco and a co-trustee and […]
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08.10.2023
Will Beneficiary Bound by Settlement Agreement
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’ […]
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07.27.2023
Factual Issues Require Resolution to Determine LLC Ownership
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 […]
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07.26.2023
Discovery Should Have Been Allowed in Undue Influence Suit
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”) […]
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04.28.2023
Appellate Division Finds No Suspicious Circumstances Where Son Disinherits Father
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 […]
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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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