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MATTER OF CATANIO

306 N.J. Super. 439 (1997)

IN THE MATTER OF THE DECLARATION OF TRUST BY ROSE CATANIO, DECEASED.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1997.

Attorney(s) appearing for the Case

Joel A. Davies argued the cause for appellant Pauline DeMaio (Robert H. Taff, attorney; Mr. Davies, on the brief).

John Schuster, III argued the cause for respondents Thomas Catania, Nicholas Catania, Rose Avella and George LaCorte.

Before Judges SHEBELL, A.A. RODRIGUEZ and COBURN.

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

Rose Catanio intended that upon her death her home would become the property of her sister Pauline DeMaio. To achieve that result, she signed a document entitled "Declaration of Trust" which provided for the transfer. She died shortly thereafter. We are called upon to decide the legal effect of that writing1 and its relation to Rose...

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