In re Estate of Santolino
Chancery Division of the Superior Court of New Jersey
895 A.2d 506 (N.J. Super. Ct. Ch. Div. 2005)
Manuel Santolino was admitted to the hospital on March 11, 2004, and diagnosed with lung cancer. Santolino was released from the hospital but was prescribed heavy medication and required an in-home nurse. Lillian Centeno married Santolino on April 27, 2004. At the time, Santolino was 81 years old, and Centeno was 46 years old. Santolino required the use of an oxygen tank during the wedding. Santolino died intestate on May 20, 2004. Centeno sought control of Santolino’s estate. Santolino’s sister claimed that Santolino’s marriage with Centeno was null and void, because Santolino lacked capacity to consent to the marriage. Centeno filed a motion to dismiss the sister’s claim.
Rule of Law
Holding and Reasoning (Lyons, J.)
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