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MATTER OF ESTATE OF RESNICK

284 N.J. Super. 47 (1995)

663 A.2d 132

IN THE MATTER OF THE ESTATE OF MAX RESNICK, DECEASED. PAUL HELLER AS EXECUTOR OF THE ESTATE OF MAX RESNICK, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. MARK RESNICK, DAVID RESNICK, ANNA RESNICK AND SELMA RESNICK, DEFENDANTS-RESPONDENTS, AND SELMA RESNICK, DEFENDANT-RESPONDENT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 31, 1995.

Attorney(s) appearing for the Case

Lewis Stein argued the cause for appellant/cross-respondent (Nusbaum, Stein, Goldstein & Bronstein, attorneys; Mr. Stein and Cynthia C. Stilwell, on the brief).

Sheldon H. Altwarg argued the cause for respondent/cross-appellant Selma Resnick (Sussman & Altwarg, attorneys; Mr. Altwarg and Harriet Heuer Miller on the brief).

Ralph Neibart argued the cause for respondents Mark, David and Anna Resnick (Mr. Neibart, on the brief).

Before Judges GAULKIN, BAIME and KESTIN.

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

The issues raised in this case bear upon the interests of those affected by a written contract to make reciprocal wills, specifically the restraints upon the freedom of action of a party in using or disposing of assets during his life as a survivor, and the enforceable expectations of irrevocable beneficiaries who are residuary legatees. These are questions of first impression, although touched upon in earlier...

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