Will of Smith

3 Citing cases

  1. Matter of Will of Smith

    108 N.J. 257 (N.J. 1987)   Cited 18 times
    Characterizing the allocation of burdens of proof as a procedural matter "normally reserved for the courts"

    Although the Appellate Division sustained the finding that the decedent did not intend the writing to be her will, that court ordered the admission of the writing to probate because "to do so would implement the decedent's probable intent in the absence of execution of a formal will." Will of Smith, 209 N.J. Super. 356, 359 (App.Div. 1986). We granted certification, 104 N.J. 461 (1986), and now reverse.

  2. Matter of Smith

    517 A.2d 446 (N.J. 1986)

    Petition for certification granted. (See 209 N.J. Super. 356)

  3. Matter of Estate of Siegel

    214 N.J. Super. 586 (App. Div. 1987)   Cited 6 times

    Although the document fails to include a paragraph naming an executrix, or provisions setting forth the powers of a fiduciary or other "boiler plate" language, this absence does not impact upon the testamentary disposition and thus does not require that probate be denied. See In re Will of Smith, 209 N.J. Super. 356 (App.Div. 1986); In Matter of the Will of Cohen, 200 N.J. Super. 538 (App.Div. 1985); Estate of Hall, 118 Misc.2d 1052, 462 N.Y.S.2d 154 (Sur.Ct. 1983). An instrument, although unfinished, is of testamentary character if it expresses the whole will of the testator as far as it goes.