IN RE ESTATE OF STOCKDALE

A-121 September Term 2006.

953 A.2d 454 (2008)

196 N.J. 275

In the Matter of the ESTATE OF Madeleine L. STOCKDALE, Deceased.

Supreme Court of New Jersey.

Decided July 22, 2008.


Attorney(s) appearing for the Case

Frederick J. Dennehy argued the cause for appellant, Ronald J. Sollitto, Woodbridge (Wilentz, Goldman & Spitzer, attorneys; Mr. Dennehy and Richard F. Lert, of counsel; Mr. Dennehy, Mr. Lert, M. Matthew Mannion and Cheryl E. Connors, Woodbridge, on the briefs).

Michael A. Casale argued the cause for respondent, pro se.

William J. Gearty, Spring Lake, argued the cause for respondent, Spring Lake First Aid Squad (Mr. Gearty and Linda Kenney Baden, attorneys).


Justice HOENS delivered the opinion of the Court.

In this matter, we consider questions relating to the circumstances in which it is appropriate to award punitive damages against a party in a Probate Part proceeding who has engaged in undue influence in the creation of a will or a testamentary trust, or in securing an inter vivos transfer of property in lieu thereof. We do so in order to explain more fully the earlier decisions...

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