Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF THE ESTATE OF RICHARD D EHRLICH -- rank: 1000

... Twp. Comm. of Manalapan , 140 N.J. 366 , 378 (1995). N.J.S.A. 3B:3-2 contains the technical requirements for writings intended as wills: a ... added upon a document was not executed in compliance with N.J.S.[A.] 3B:3-2 , the document or writing is treated as if it had been executed in compliance with N.J.S.[A.] 3B:3-2 if the proponent of the document or writing establishes by ... a form of testamentary document not executed in compliance with N.J.S.A. 3B:3-2, represents a relaxation of the rules regarding formal execution of ... as the disputed document did not satisfy the formalities of N.J.S.A. 3B:3-2. The document was not witnessed, notarized or dated, and was ... that if "a document . . . was not executed in compliance with N.J.S.A. 3B:3-2," it may nonetheless be "treated as if it had ...

docket:	a5439-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-29
status:	published
citation:	427 N.J. Super. 64 47 A.3d 12
Document Size:	63614

2 IN THE MATTER OF THE ESTATE OF LEOKADIA JENSEN -- rank: 879

... Will. Count two alleged the 2016 Draft is valid under N.J.S.A. 3B:3-2 and -3 and should be deemed to be decedent's ... her estate and meets the requirements as set forth in N.J.S.A. 3B:3-2 for a holographic will. Count three alleged decedent verbally revoked ... therefore, satisfied the statutory requirements for a holographic will under N.J.S.A. 3B:3-2(b) and a will under N.J.S.A. 3B:3-3. N.J.S.A. 3B:3-2 sets forth the requirements for execution of a traditional will ... be 'in the testator’s handwriting.' A-2901-17T1 18 N.J.S.A. 3B:3-2(b); see also In re Probate of Will & Codicil of ... treated as if it had been executed in compliance' with N.J.S.A. 3B:3-2 if the proponent of such document: establishes by clear ...

docket:	a2901-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-30
status:	Unpublished
citation:
Document Size:	60484

3 IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL AND CODICIL OF LOUISE MACOOL, DECEASED -- rank: 872

... added upon a document was not executed in compliance with N.J.S.A. 3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.A. 3B:3-2 if the proponent of the document or writing establishes by ... added upon a document was not executed in compliance with N.J.S.A. 3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.A. 3B:3-2 if the proponent of the document or writing establishes by ... will as a document "not executed in compliance with the N.J.S.A. 3B:3-2." Ibid. As we noted earlier, N.J.S.A. 3B:3-2 describes the requirements for two types of wills: the ...

docket:	a4734-08
court:	superior court appellate division
decided:	2010-03-23
status:	published
citation:
Document Size:	44101

4 IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL AND CODICIL OF LOUISE MACOOL, DECEASED -- rank: 872

... added upon a document was not executed in compliance with N.J.S.A. 3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.A. 3B:3-2 if the proponent of the document or writing establishes by ... added upon a document was not executed in compliance with N.J.S.A. 3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.A. 3B:3-2 if the proponent of the document or writing establishes by ... will as a document "not executed in compliance with the N.J.S.A. 3B:3-2." Ibid. As we noted earlier, N.J.S.A. 3B:3-2 describes the requirements for two types of wills: the ...

docket:	a4697-08
court:	superior court appellate division
decided:	2010-03-23
status:	Published
citation:	416 N.J. Super. 298 3 A.3d 1258
Document Size:	44270

5 IN THE MATTER OF THE TRUST OF DR. MERRITT EVAN LONDON, M.D. DECEASED -- rank: 787

... a will 2 must comply with the following requirements of N.J.S.A. 3B:3-2: a. Except as provided in subsection b. and in [ N ... added upon a document was not executed in compliance with [ N.J.S.A. ] 3B:3-2, the document or writing is treated as if it had been executed in compliance with [ N.J.S.A. ] 3B:3-2 if the proponent of the document or writing establishes by ... interpretation, we nevertheless observed that "the greater the departure from [ N.J.S.A. 3B:3-2]'s formal requirement, the more difficult it will be to ...

docket:	a4693-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	67345

6 EILEEN KIRSCHNER PASS v. ETTA KIRSCHNER -- rank: 773

... notes certainly did not reflect any intention to disinherit Eileen. N.J.S.A. 3B:3-2 provides that a will must be in writing, signed by ... for a document that is not executed in compliance with N.J.S.A. 3B:3-2 to be a valid will, however, there must be clear ...

docket:	a4002-07
court:	NJ Superior Court Appellate Division
decided:	2011-03-09
status:	unpublished
citation:
Document Size:	106493

7 IN THE MATTER OF THE WILL OF E. WARREN BRADWAY, Deceased -- rank: 771

... intended to be wills are governed by statutory provisions. See N.J.S.A. 3B:3-2 to -3. N.J.S.A. 3B:3-2 addresses the technical requirements for wills and describes two types of wills: the traditional will, N.J.S.A. 3B:3-2(a), and the holographic will, N.J.S.A. 3B:3-2(b). Both of those subsections authorize wills that are in ... of testamentary document that 'was not executed in compliance with N.J.S.A. 3B:3-2.' It provides: Although a document or writing added upon a document was not executed in compliance with [ N.J.S.A.] 3B:3-2, the document or writing is treated as if it ...

docket:	a4535-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-25
status:	unpublished
citation:
Document Size:	50825

8 IN THE MATTER OF THE ESTATE OF ALBERTHA BLACKWELL -- rank: 766

... the testator that is consistent with a will drafted under N.J.S.A. 3B:3-2, but the last page lacks the required language for the ... the Will's execution was not substantially in compliance with N.J.S.A. 3B:3-2. We disagree. To comply with the necessary formalities of a valid will, a document must be: 1) "in writing," N.J.S.A. 3B:3-2(a)(1); 2) "signed by the testator or in the ... testator's conscious presence and at the testator's direction," N.J.S.A. 3B:3-2(a)(2); and 3) "signed by at least two individuals ... s acknowledgement of that signature or acknowledgement of the will[,]" N.J.S.A. 3B:3-2(a)(3). A separate self-proving clause, in the form ... 1991). Also, when a document lacks the formalities provided by N.J.S.A. 3B:3-2, the writing may nevertheless be "treated as if it ...

docket:	a5441-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-24
status:	unpublished
citation:
Document Size:	22033

9 Kathleen M. Moynihan v. Edward J. Lynch -- rank: 679

... J.S.A. 56:12-2; creating a will, see N.J.S.A. 3B:3-2; or securing life or health insurance, see N.J.S ...

docket:	a-64-20
court:	NJ Supreme Court
decided:	2022-03-08
status:
citation:
Document Size:	81375

10 IN THE MATTER OF THE ESTATE OF ALFRED IAPALUCCI, SR. -- rank: 657

... law the original Will had been stolen, and, pursuant to N.J.S.A. 3B:3-2 and -3, the executed copy of the Will should be ... order incorporated these findings and ordered a 'factual hearing.' 3 N.J.S.A. 3B:3-2 sets forth the requirements for wills and holographic wills. N ... added upon a document was not executed in compliance with N.J.S.[A.] 3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.[A.] 3B:3-2 if the proponent of the document or writing establishes by ... the proponent of a will not executed in compliance with N.J.S.A. 3B:3-2 to 'establish[] by clear and convincing evidence that the decedent ...

docket:	a3670-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-05
status:	Unpublished
citation:
Document Size:	24089

11 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 IN THE MATTER OF THE ESTATE -- rank: 646

... formalities which were lacking. . . . . In sum, under analysis of both N.J.S.A. 3B:3-2(b) and N.J.S.A. 3B:3-3, the ... Comm. of Manalapan , 140 N.J. 366 , 378 (1995). A. N.J.S.A. 3B:3-2 sets forth the technical requirements for writings intended as wills ... its placement at the top of the page. Accordingly, under N.J.S.A. 3B:3-2(b), the [c]ourt finds that the Proposed Will constitutes ... A document that does not comply with the requirements of N.J.S.A. 3B:3-2(a) or (b) is nevertheless valid as a document intended ... added upon a document was not executed in compliance with [ N.J.S.A. ] 3B:3-2, the document or writing is treated as if it had been executed in compliance with [ N.J.S.A. ] 3B:3-2 if the proponent of the document or writing establishes ...

docket:	a2751-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-14
status:	unpublished
citation:
Document Size:	18655

12 IN THE MATTER OF THE ESTATE OF ALBERTHA BLACKWELL -- rank: 629

... Will" and can still comply with the statutory requirements of N.J.S.A. 3B:3-2. He determined that there was "no doubt that the Will ... the document did not meet the precise statutory requirements of N.J.S.A. 3B:3-2, it should not have been admitted to probate. N.J.S.A. 3B:3-2 prescribes three formalities for the execution of a valid will ... attestation clause, do not literally comply with the requirements of N.J.S.A. 3B:3-2. However, a will may be admitted to probate under circumstances ... the testator that is consistent with a will drafted under N.J.S.A. 3B:3-2, but the last page lacks the required language for the ... clear and convincing evidence, that there was substantial compliance with N.J.S.A. 3B:3-2. He can also consider the applicability, if any, of ...

docket:	a4816-08
court:	superior court appellate division
decided:	2010-05-03
status:	unpublished
citation:
Document Size:	37063

13 IN THE MATTER OF THE ESTATE OF VICTOR WASOWICZ -- rank: 615

... her contention there was an oral will is inconsistent with N.J.S.A. 3B:3-2(a)(1). Furthermore, because plaintiff lacked standing and was not ... s acknowledgment of that signature or acknowledgment of the will. [N.J.S.A. 3B:3-2(a)(1)-(3).] The term ''will' . . . includes every species of ...

docket:	a3620-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:	Unpublished
citation:
Document Size:	15679

14 IN THE MATTER OF THE ESTATE OF BEVERLY ANDREWS -- rank: 610

... the substantial credible evidence. A will executed in accordance with N.J.S.A. 3B:3-2 shall be: '(1) in writing'; '(2) signed by the testator ... when the testamentary document 'was not executed in compliance with N.J.S.A. 3B:3-2.' See In re Probate of Will & Codicil of Macool, 416 ... added upon a document was not executed in compliance with N.J.S.[A.] 3B:3-2, the document or writing is treated as if it had been executed in compliance with N.J.S.[A.] 3B:3-2 if the proponent of the document or writing establishes by ...

docket:	a1332-22
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	18263

15 IN THE MATTER OF THE ESTATE OF ELIZABETH B. COUNSELMAN -- rank: 594

... the unsigned will did not satisfy the formal requirements of N.J.S.A. 3B:3-2 but determined the document was intended by Counselman to be ... in the court's summary disposition of this dispute. 2 N.J.S.A. 3B:3-2 requires a will to be: (1) in writing; (2) signed ...

docket:	a1456-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	20944