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GABEL v. MANETTO

177 N.J. Super. 460 (1981)

427 A.2d 71

GLORIA GABEL AND LEONARD GABEL, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. PETER MANETTO, INDIVIDUALLY AND AS TRUSTEE UNDER AGREEMENT DATED MARCH 7, 1964; AND AURORA MANETTO, HIS WIFE; ANNA PUPPO, WIDOW; ELEANOR GIANNETTI, UNMARRIED; SYLVIA BRAELOW, EXECUTRIX OF THE ESTATE OF BENJAMIN D. BRAELOW; AND ANNA FENWICK, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1981.

Attorney(s) appearing for the Case

George Del Marmo, for appellants.

Kaplan & Steir, for respondents (Harold L. Kaplan of counsel and on the brief).

Before Judges FRITZ, POLOW and JOELSON.

The opinion of the court was delivered by JOELSON, J.A.D.

The question in this case is whether an express inter vivos trust of real property can be revoked orally. It is an issue which apparently has not been decided in this State. The trial judge ruled that such an inter vivos trust cannot be revoked orally. We disagree and reverse.

Joseph Manetto executed a trust agreement on March 7, 1964 relating to rental property owned by him in Bloomfield...

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