01-23-08 A-2459-06T3
Long time girlfriend's share should be set by contract law, not constructive trust
Decedent's wife, from whom he had been estranged for over
forty years, appealed the Chancery Division's order imposing a
constructive trust on her surviving spouse's share of decedent's
intestate estate in favor of decedent's companion, with whom he
had lived since shortly after the estrangement. The court held that,
decedent's conduct and actions, together with the lengthy time
decedent and his companion lived together, and their mutual
consideration as husband and wife, was sufficient to establish a
question of fact whether there was an implied promise by
decedent to ensure that his companion received adequate
provisions during the remainder of her life. The court determined that
the Chancery Division mistakenly relied upon an equitable
principle of a constructive trust and The court remanded the matter for
a determination whether such an implied contractual promise
could be established.
Subscribe to:
Post Comments (Atom)
1 comment:
thank you for your amazing website.
there is so much information here and so much to relate to.
my father died in 2005. two years after my mother. my brother forged my father's power of attorney. he and my three siblings were involved in removing him from the mansion he lived in with my mother for over fifty
years. i was invited to live with
them and move back from L.A. to
take care of them to do so.
within a few short weeks my mother died. she was the queen of the family as far as they were concerned. however, my father was my hero from the time i was a little girl. he was a famous cartoon producer and the fact that i resembled him made me happy...once i got a nose job! well, he had lovely long eye lashes. actually, i got my great sense of humor and charisma for days from my dad. also my honesty from him. my sisters have turned into ma barkers and my brothers...
i now call them the jewish menendez
brothers...
they even tried to squeeze me out of the family crypt in new jersey
when my sister dropped her dead husband off in one of the shelves
that was meant for a family member.
they covered up the faux pas, not by moving him into a resting spot
with his own family...but by
getting a notary to fraudalently
put my name back on the list of
heirs...on a SUNDAY when no notaries work. I would like to
show you the document that was
notarized listing me. She notarized this on the very day
my sister's husband's body was
"shelved" so to speak. When I talked with the adminsitration at
the mausoleum they told me the
notaries do not work on Sunday and
they do not notarize on Sunday.
This woman broke the law for my
Scott Peterson charming brother who
conned her into it...or paid her under the table to do it. There are so many lawyers who have taken money under the table and compromised their integrity on behalf of my siblings to move this
deception along with the backdated
and fraudalent Power of Attorney...
They would not allow my children and I to see my father...my son
has Asperger's syndrome. They are
sick these siblings. My dad was
dead within 8 months and had lost
30lbs from not eating. We missed
him sorely. I left a message on your machine 2/17/08 conned artist
connedartist@gmail.com
Post a Comment