LEVCHUK v. JOVICH


855 A.2d 635 (2004)

372 N.J.Super. 149

Alexander LEVCHUK, Executor of the Estate of Victor Isigkeit, Plaintiff, v. Vladimir JOVICH a/k/a Walter Jovich, and Dalma, II, a New Jersey Corporation, Defendants Third-Party Plaintiffs, v. George Gladir, Executor of the Estate of Anastasia Gladir, and Alexander Levchuk, Executor of the Estate of Victor Isigkeit, Third-Party Defendants. In the Matter of the Probate of the Lost Will of Victor Isigkeit.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided February 4, 2004.


Attorney(s) appearing for the Case

Robert C. Wines, Neptune, for plaintiff and third-party defendants.

Vincent Halleran, Freehold and Joel Davies (Taft & Davies) for defendants and third-party plaintiffs.


CAVANAGH, J.S.C.

The motion for summary judgment brought by the individual defendant-third-party plaintiff in this matter, raises the novel issue of whether an executor is barred by the entire controversy doctrine from pursuing an action against a recipient of inter vivos monetary transfers from a decedent, if the claim was not included in a prior probate proceeding involving both parties.

On June 14, 1995, Victor Isigkeit executed a last will and testament...

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