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HAYNES v. FIRST NAT'L STATE BK. OF N.J.

87 N.J. 163 (1981)

432 A.2d 890

RICHARD D. HAYNES AND CHARLES E. HAYNES, PLAINTIFFS-APPELLANTS, v. FIRST NATIONAL STATE BANK OF NEW JERSEY, TRUSTEE UNDER AN IRREVOCABLE TRUST AGREEMENT DATED JANUARY 16, 1974 AND FIRST NATIONAL STATE BANK OF NEW JERSEY AND DORCAS D. COTSWORTH, TRUSTEES UNDER A REVOCABLE TRUST AGREEMENT DATED JANUARY 15, 1974, DORCAS D. COTSWORTH, INDIVIDUALLY, GAINES BERRY, DORCAS ANN BEATTY, BRUCE BERRY, HOLLY BERRY, DOROTHY WASBERS, PAULINE W. ZINN AND ELIZABETH Z. COMBS, DEFENDANTS-RESPONDENTS, AND TRINITY REFORMED CHURCH, YORK, PENNSYLVANIA, AMERICAN HEART ASSOCIATION, INC., NEW JERSEY ASSOCIATION FOR RETARDED CHILDREN, INC., UNION COUNTY UNIT, YORK COUNTY BLIND CENTER, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 22, 1981.

Attorney(s) appearing for the Case

Clifford W. Starrett argued the cause for appellants (Schenck, Price, Smith & King, attorneys).

Elmer J. Bennett argued the cause for respondents (Carpenter, Bennett & Morrissey, attorneys; Elmer J. Bennett and Joel R. Glucksman, on the brief).

The opinion of the Court was delivered by HANDLER, J.

This is a will contest in which the plaintiffs, two of the decedent's six grandchildren, seek to set aside the probate of their grandmother's will and two related trust agreements. The major issue presented is whether the will is invalid on the grounds of "undue influence" attributable to the fact that the attorney, who advised the testatrix and prepared the testamentary instruments, was also the attorney for the...

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