NJ Laws Email E267 January 29, 2008 Kenneth Vercammen, Attorney at Law 7325720500 In this issue: Palimony expanded in New Jersey Rosemary Connell v. Edward Diehl 010808 A233105T5 The court held in this palimony action that the supporting person's sole ownership of assets accumulated during their uninterrupted thirtyyear cohabitation was not inconsistent with a promise of support for life. The court also held that the dependent person was not required to prove that she expected any remuneration for her efforts to contribute to their maritaltype lifestyle over the years. Finally, the court held that a trial judge in calculating a lumpsum palimony award is not required to place the dependent person in the lifestyle she and the supporting person enjoyed, but rather to provide reasonable support sufficient to meet her minimal needs and prevent the necessity of public welfare, and in doing so must consider inflation in calculating the lumpsum award.
HYVÄÄ JOULUA Quarg- new case constructive trust in Probate case In the Matter of the Estate of Robert O. Quarg, deceased 1-23-08 A-2459-06T3 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. Suit for tortious interference with a Bequest must be filed in Probate Court
Felix M. Garruto, et al. v. Lorraine Cannici A-2447-06T1
The Court held that an action for tortious interference with a bequest, premised upon undue influence by means of fraud, is barred when plaintiffs, with knowledge of probate proceedings, have failed to file a timely challenge to the will in probate court.
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