KAY v. KAY

No. A-1594-07T3.

964 A.2d 324 (2009)

405 N.J. Super. 278

Hildegard KAY, Plaintiff-Respondent, v. George KAY, Defendant. Bernard Kanefsky, Executor of the Estate of George Kay, Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 2009.


Attorney(s) appearing for the Case

Samuel Mandel, Moorestown, argued the cause for appellant.

Thomas J. Hurley argued the cause for respondent (Hurley & Laughlin, attorneys; Mr. Hurley, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.


The opinion of the court was delivered by

GRALL, J.A.D.

Defendant George Kay died during the pendency of an action for divorce on plaintiff Hildegard Kay's complaint and his counterclaim. Bernard Kanefsky, as executor of defendant's estate, sought a constructive trust to prevent the unjust enrichment that would allegedly occur if plaintiff and her daughter retained marital property beneficially belonging to defendant. The trial court denied the estate leave...

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