endorsed principle in New Jersey

2015And the Court endorsed a clause considered in Curtis v. Cellco P'ship, 413 N.J.

2015And the Court endorsed a clause considered in Curtis v. Cellco P'ship, 413 N.J.

2004The court endorsed the principle that in the management of the estate of [an] incompetent, “the guardian should be authorized to act as a reasonable and prudent [person] would act [in the management of his own estate] under the same circumstances, unless there is evidence of any settled intention of the incompetent, formed while sane, to the contrary.” [Id. at 441, 288 A.2d 303 (third alteration in original) (quoting In re Guardianship of Christiansen, 248 Cal.App.2d 398 , 56 Cal.Rptr. 505, 521 (1967)).] In accepting that thesis, the court relied on the approach of the Supreme Judicial Court o

2004There is no reason why an individual, simply because he happens to be a ward, should be deprived of the privilege of making an intelligent commonsense decision in the area of estate planning, and in that way forced into favoring the taxing authorities over the best interests of his estate. [ 358 Mass. 126 , 260 N.E.2d 704, 709 (1970).] To answer in a specific ease the question whether the guardian should be permitted “to make the gifts proposed,” Trott, supra, requires the guardian to establish five criteria: *59 (1) the mental and physical condition of the incompetent are such that the possib

2004There is no reason why an individual, simply because he happens to be a ward, should be deprived of the privilege of making an intelligent commonsense decision in the area of estate planning, and in that way forced into favoring the taxing authorities over the best interests of his estate. [ 358 Mass. 126 , 260 N.E.2d 704, 709 (1970).] To answer in a specific ease the question whether the guardian should be permitted “to make the gifts proposed,” Trott, supra, requires the guardian to establish five criteria: *59 (1) the mental and physical condition of the incompetent are such that the possib

2004There is no reason why an individual, simply because he happens to be a ward, should be deprived of the privilege of making an intelligent commonsense decision in the area of estate planning, and in that way forced into favoring the taxing authorities over the best interests of his estate. [ 358 Mass. 126 , 260 N.E.2d 704, 709 (1970).] To answer in a specific ease the question whether the guardian should be permitted “to make the gifts proposed,” Trott, supra, requires the guardian to establish five criteria: *59 (1) the mental and physical condition of the incompetent are such that the possib

2004The court endorsed the principle that in the management of the estate of [an] incompetent, “the guardian should be authorized to act as a reasonable and prudent [person] would act [in the management of his own estate] under the same circumstances, unless there is evidence of any settled intention of the incompetent, formed while sane, to the contrary.” [Id. at 441, 288 A.2d 303 (third alteration in original) (quoting In re Guardianship of Christiansen, 248 Cal.App.2d 398 , 56 Cal.Rptr. 505, 521 (1967)).] In accepting that thesis, the court relied on the approach of the Supreme Judicial Court o

2004The court endorsed the principle that in the management of the estate of [an] incompetent, “the guardian should be authorized to act as a reasonable and prudent [person] would act [in the management of his own estate] under the same circumstances, unless there is evidence of any settled intention of the incompetent, formed while sane, to the contrary.” [Id. at 441, 288 A.2d 303 (third alteration in original) (quoting In re Guardianship of Christiansen, 248 Cal.App.2d 398 , 56 Cal.Rptr. 505, 521 (1967)).] In accepting that thesis, the court relied on the approach of the Supreme Judicial Court o

1988If this court endorsed a rule imputing professional wrongdoing to an attorney on the basis of marital status alone, it would be difficult to avoid the extension of that rule to other relationships as well. [ 276 S.E. 2d at 608-609 ] The Georgia court noted: "According to the amicus curiae brief filed by the Atlanta Bar Association, Inc., at least 45 law firms and over 1000 attorneys in the Atlanta area would be affected by a per se disqualification rule based on marital status." 276 S.E. 2d at 609, n. 4 .

1988If this court endorsed a rule imputing professional wrongdoing to an attorney on the basis of marital status alone, it would be difficult to avoid the extension of that rule to other relationships as well. [ 276 S.E. 2d at 608-609 ] The Georgia court noted: "According to the amicus curiae brief filed by the Atlanta Bar Association, Inc., at least 45 law firms and over 1000 attorneys in the Atlanta area would be affected by a per se disqualification rule based on marital status." 276 S.E. 2d at 609, n. 4 .