Search Rutgers Law Library N.J. Court Opinions

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

... constitute his last will and testament as required both by N.J.S.A. 3B:3-3 and [ In re Probate of Will and Codicil of Macool ... s final testamentary intent to be admitted into probate under N.J.S.A. 3B:3-3. Since, as the parties agree, there is no genuine issue ... wills: a. Except as provided in subsection b. and in N.J.S. [ A. ] 3B:3-3, a will shall be: (1) in writing; (2) signed by ... Will and may be admitted into probate upon satisfaction of N.J.S.A. 3B:3-3, which provides: Although a document or writing added upon a ... to constitute: (1) the decedent's will . . . . The Legislature enacted N.J.S.A. 3B:3-3 in 2004, as an amendment to the New Jersey Probate ... 3 cmt. b (1999).] We recently had occasion to interpret N.J.S.A. 3B-3.3 in a case wherein we held that under New ...

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 PROBATE OF THE ALLEGED WILL AND CODICIL OF LOUISE MACOOL, DECEASED -- rank: 944

... the Chancery Division correctly construed and applied the provisions of N.J.S.A. 3B:3-3. 1 After examining the record developed before the trial court ... however, the part of the court's ruling that construes N.J.S.A. 3B:3-3 as requiring that the writing offered as a will under ... principal argument in support of her position is grounded on N.J.S.A. 3B:3-3, which provides as follows: Although a document or writing added ... argument that the 2008 draft will met the requirements of N.J.S.A. 3B:3-3. As a threshold issue, the court found that plaintiff had ... conclusively disposed of plaintiff's claims, the court nevertheless construed N.J.S.A. 3B:3-3 "as requiring that any document which is going to be ... decedent, plaintiff nevertheless argues that it should be admitted under N.J.S.A. 3B:3-3 because it was dictated in her presence and comports ...

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

3 IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL AND CODICIL OF LOUISE MACOOL, DECEASED -- rank: 944

... the Chancery Division correctly construed and applied the provisions of N.J.S.A. 3B:3-3. 1 After examining the record developed before the trial court ... however, the part of the court's ruling that construes N.J.S.A. 3B:3-3 as requiring that the writing offered as a will under ... principal argument in support of her position is grounded on N.J.S.A. 3B:3-3, which provides as follows: Although a document or writing added ... argument that the 2008 draft will met the requirements of N.J.S.A. 3B:3-3. As a threshold issue, the court found that plaintiff had ... conclusively disposed of plaintiff's claims, the court nevertheless construed N.J.S.A. 3B:3-3 "as requiring that any document which is going to be ... decedent, plaintiff nevertheless argues that it should be admitted under N.J.S.A. 3B:3-3 because it was dictated in her presence and comports ...

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

4 IN THE MATTER OF THE TRUST OF DR. MERRITT EVAN LONDON, M.D. DECEASED -- rank: 836

... to be admitted into probate as a [w]ill under [ N.J.S.A. ] 3B:3-3 the proponent of the writing intended to constitute such a ... ill, to that alleged [w]ill. So I find that [ N.J.S.A. ] 3B:3-3 has not been complied with, that the test set forth ... 2: a. Except as provided in subsection b. and in [ N.J.S.A. ] 3B:3-3, a will shall be: (1) in writing; (2) signed by ... argued the facts supported admitting the trust to probate under N.J.S.A. 3B:3-3, which provides: Although a document or writing added upon a ... will or of a formerly revoked portion of the will. [ N.J.S.A. 3B:3-3.] As noted, the motion judge rejected this argument, finding plaintiffs ... one hour after leaving his office. Id. at 305. Construing N.J.S.A. 3B:3-3, we established the following two-prong test for admitting ...

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

5 IN THE MATTER OF THE ESTATE OF LEOKADIA JENSEN -- rank: 834

... standard for a writing to be considered a will under N.J.S.A. 3B:3-3, the proponent must prove that the decedent actually reviewed the ... 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 ... will or of a formerly revoked portion of the will. [N.J.S.A. 3B:3-3.] For a writing to be admitted into probate as a ...

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

6 IN THE MATTER OF THE WILL OF E. WARREN BRADWAY, Deceased -- rank: 778

... The court then concluded that the codicil was valid under N.J.S.A. 3B:3-3. Accordingly, on June 2, 2017, the trial court entered an ... by the testator. Macool, 416 N.J. Super. at 311. N.J.S.A. 3B:3-3 addresses a form of testamentary document that 'was not executed ... will or of a formerly revoked portion of the will. [N.J.S.A. 3B:3-3.] To be recognized as a will or a codicil under N.J.S.A. 3B:3-3, the document or writing need not be signed by the ... the time of Bradway's death. Thus, the court applied N.J.S.A. 3B:3-3, and focused on whether there was clear and convincing evidence ... intended to alter his 2001 Will. We also look to N.J.S.A. 3B:3-3. Here, the handwriting experts agreed that the body of ...

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

7 EILEEN KIRSCHNER PASS v. ETTA KIRSCHNER -- rank: 734

... will; (4) or a revival of a formerly revoked will. N.J.S.A. 3B:3-3. A will may not be altered except by another will ...

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

8 IN THE MATTER OF THE ESTATE OF ALFRED IAPALUCCI, SR. -- rank: 725

... 2 sets forth the requirements for wills and holographic wills. N.J.S.A. 3B:3-3 provides: Although a document or writing added upon a document ... to avoid intestacy by probating a technically deficient will. See N.J.S.A. 3B:3-3 (requiring the proponent of a will not executed in compliance ... b., 165 N.J. 670 (2000)). In Ehrlich, we construed N.J.S.A. 3B:3-3 to permit the probate of an unexecuted copy of will ... probate. Although not lightly excused, there is no requirement in N.J.S.A. 3B:3-3 that the document sought to be admitted to probate be ... an original.' Ibid. We noted, 'in dispensing with technical conformity, N.J.S.A. 3B:3-3 imposes evidential standards and safeguards appropriate to satisfy the fundamental ... principles dealing with overcoming the presumption of revocation or applying N.J.S.A. 3B:3-3 liberally for its intended remedial purposes to probate a ...

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

9 IN THE MATTER OF THE ESTATE OF ALBERTHA BLACKWELL -- rank: 718

... the document or writing to constitute . . . the decedent's will[.]" N.J.S.A. 3B:3-3. In our prior opinion, we noted "at issue was whether ...

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

10 IN THE MATTER OF THE ESTATE OF ALBERTHA BLACKWELL -- rank: 703

... 2. He can also consider the applicability, if any, of N.J.S.A. 3B:3-3, which concerns writings intended as wills. We leave it to ...

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

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: 692

... both N.J.S.A. 3B:3-2(b) and N.J.S.A. 3B:3-3, the [c]ourt finds that [p]laintiff has met the ... s final testamentary intent to be admitted into probate under N.J.S.A. 3B:3-3. Since, as the parties agree, there is no genuine issue ... wills: a. Except as provided in subsection b. and in [ N.J.S.A. ] 3B:3-3, a will shall be: (1) in writing; (2) signed by ... will and may be admitted to probate upon satisfaction of N.J.S.A. 3B:3-3, which provides: Although a document or writing added upon a ... To admit a writing into probate as a will under N.J.S.A. 3B:3-3, we held: [T]he proponent of the writing intended to ...

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 WILLIAM W. WALB JR. -- rank: 685

... Appellants and Waters sought to admit the addendum pursuant to N.J.S.A. 3B:3-3, claiming the decedent intended the document to constitute an addition ... to constitute an addition to or alteration of the Will. N.J.S.A. 3B:3-3. To meet their burden, appellants submitted a certification setting forth ... the net estate[.]" The judge also concluded that even if N.J.S.A. 3B:3-3 applied, appellants and Waters failed to present clear and convincing ...

docket:	a1368-09
court:	superior court trial
decided:	2011-03-03
status:	unpublished
citation:
Document Size:	18790

13 IN THE MATTER OF THE ESTATE OF JEANETTE VENDOLA -- rank: 657

... should have been admitted to probate under the provisions of N.J.S.A. 3B:3-3, which provides, in pertinent part: Although a document or writing ... writing to be admitted into probate as a will under N.J.S.A. 3B:3-3, the proponent of the writing intended to constitute such a ... 213 N.J. 64 (2013). Recognizing that the provisions of N.J.S.A. 3B:3-3 are remedial in nature and entitled to a liberal interpretation ... basis for admission of the draft will to probate under N.J.S.A. 3B:3-3. Plaintiffs are unable to satisfy the requirement of Macool and ...

docket:	a0304-13
court:	NJ Superior Court Appellate Division
decided:	2014-09-04
status:	unpublished
citation:
Document Size:	17637

14 IN THE MATTER OF THE ESTATE OF BEVERLY ANDREWS -- rank: 657

... that signature or acknowledgment of the will.' The Legislature enacted N.J.S.A. 3B:3-3 to address effectuating a decedent's intent when the testamentary ... N.J. Super. 298, 310-12 (App. Div. 2010) (quoting N.J.S.A. 3B:3-3). Thus, N.J.S.A. 3B:3-3 provides for the ability to probate an informal will and ... will or of a formerly revoked portion of the will. [N.J.S.A. 3B:3-3.] It is presumed that a testator was competent and of ...

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 CATHERINE R. HOCH Deceased -- rank: 595

... that: the evidence is clear and convincing, as required by N.J.S.A. 3B:3-3, that the [d]ecedent intended at the time of her ... admitting the document into probate if it otherwise complies with N.J.S.A. 3B:3-3, that is: if the proponent of the document or writing ... 2, and otherwise establishes the Will's validity and effectiveness. N.J.S.A. 3B:3-3. Equally clear is that cross-outs and excisions may operate ...

docket:	a4881-10
court:	New Jersey Superior Court Appellate Division
decided:	2012-04-23
status:	Published
citation:
Document Size:	32965