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IN RE ESTATE OF PASSOFF

819 A.2d 26 (2002)

359 N.J. Super. 112

In the Matter of the Estate of Diane PASSOFF and the Diane Passoff Life Insurance Trust Dated January 10, 1984

Superior Court of New Jersey, Chancery Division.

November 6, 2002.

Attorney(s) appearing for the Case

Christine A. Grehlinger, and Raymond G. Console, for plaintiff Raymond G. Console, substitute executor of the Estate of Diane Passoff and plaintiff Louis German, trustee of the attorneys, Diane Passoff Life Insurance Trust dated January 10, 1984, (Cozen O'Connor, attorney).

Donald R. Ambrose, Red Bank, for defendant, Nina Kfare (Zager, Fuchs & Ambrose attorneys).

FISHER, P.J.Ch.

The fiduciaries of the Estate of Diane Passoff and the Diane Passoff Life Insurance Trust seek advice and directions. Their request poses the vexing question of whether a Will's forgiveness of a debt may be avoided through reformation when the estate is found insolvent and incapable of paying any specific bequests.

The facts—which are undisputed—reveal that Diane Passoff ("decedent") died...

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