Klockner v. Green
New Jersey Supreme Court
254 A.2d 782 (1969)
- Written by Matt Fyock, JD
Facts
Richard Klockner (plaintiff) was the stepson of the deceased Edyth Klockner. Prior to her death, Richard performed numerous services for Edyth and attended to her needs. Frances Klockner (plaintiff), daughter of Richard, spent much time with Edyth as well. Prior to her death Edyth approached her attorney, Mr. Green (defendant), and indicated that she wished to have a will prepared leaving her real property to Richard and her personal property to Frances. Later Edyth discussed with Richard the disposition of her estate, informing him that she wanted to compensate him for his help, and that, if he continued to allow Frances to visit her, she would leave her personal property to Frances and her real property to Richard, though Richard and Frances testified at trial they would have continued to provide such services regardless of the bequest. Mr. Green prepared the will at Edyth’s request and in accordance with those guidelines, but Edyth died after receiving the will but prior to signing it. Defendants are parties to whom Edyth’s estate passed via intestacy. At trial, Green’s motion to dismiss was granted as no evidence of a contract existed. The appeals court upheld holding that there was no reliance by plaintiffs upon the promise of Edyth. The case is appealed by the Klockners.
Rule of Law
Issue
Holding and Reasoning (Schettino, J.)
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