In re Real & Personal Property of Somoza
In re Real & Personal Property of Somoza
Opinion of the Court
Anne Marie Somoza, a resident of Ocean County, died intestate on February 26, 1982. Funeral expenses were borne by Anna and Isser Laufer, long-time neighbors and friends of the deceased. In accordance with N.J.S.A. 2A:37 -12, the Laufers, through their attorney, gave prompt notice to the Attorney General that the Somoza estate, which consisted of real and personal property worth approximately $115,000, might be subject to escheat. The State’s preliminary investigation revealed no information identifying any next-of-kin, and so, on March 10, 1982, escheat proceedings were begun in the Chancery Division, Mercer County. The following day, upon the State’s application,
Telephone notice of the State’s intention to commence an escheat action in Chancery was given to the Laufers’ attorney on March 4, 1982; written notice of the appointment of a conservator was given to the Laufers personally on March 17, 1982, and public notice of the State’s action was twice published—on March 22 and March 29,1982—in a newspaper of general circulation in Ocean County.
The State then moved to remove and consolidate the proceedings in the Ocean County Surrogate’s Court with the escheat action already pending in the Chancery Division in Mercer
The issue to be resolved, therefore, is: When may the State, acting under the comprehensive mandates and guidelines governing escheats as set out in N.J.S.A. 2A:37-1 et seq. and in R. 4:68, preempt the exercise of the surrogate’s jurisdiction over the administration of intestate estates.
Pursuant to N.J.S.A. 2A:37—12, 3A:6-4 and R. 4:80-l(a), the Chancery Division and the county surrogate have concurrent jurisdiction in administration proceedings. See, also, In re Aich Estate, supra, 164 N.J.Super. at 183. The surrogate’s jurisdiction, however, is limited to matters which are not in doubt or dispute. R. 4:84-l(d). In such instances, which may be signaled by the filing of a caveat, the surrogate’s hand is stayed, and any
The dispute in the case at bar, however, cannot be resolved in the Law Division, since one form of relief requested in the consolidated action is the entry of a judgment of escheat. Only the Chancery Division has jurisdiction to enter such a judgment. State v. Standard Oil Co., 5 N.J. 281, 289 (1950), aff’d 341 U.S. 428, 71 S.Ct. 822, 95 L.Ed. 1078 (1951). The Chancery Division can, as well, adjudicate the disputable, unliquidated personal services claim of Anna Laufer.
In In re Reich Estate, supra, the court rejected the State’s argument that an estate subject to escheat should not be administered, holding that both methods of dealing with intestate estates could proceed simultaneously. The court found no
In the case at bar, however, the escheat proceeding was well underway prior to Mrs. Laufer’s application to the surrogate.
The surrogate has no vested right to appoint an administrator to handle estates of intestate decedents who apparently have no next-of-kin; according to N.J.S.A. 3B:10- 2, the surrogate “may” grant letters of administration in such cases. The effect of this decision is not to deprive the surrogate of power, but to direct
The statutory authority for the escheat procedure is set out in the Escheat Act, N.J.S.A. 2A:37-1 et seq.; see, also, R. 4:68. The current practice of appointing a conservator to marshal and secure the intestate’s assets is a development from the procedure whereby the Attorney General could petition for the appointment of a receiver for escheatable real property. McCarter (Attorney General) v. Clavin, 72 N.J.Eq. 642, 645 (Ch. 1907). The conservator is a supervised fiduciaiy, subject to the court’s continuing review and direction as to the handling of the property and disbursements of assets. As declared in In re Volkmar, 183 N.J.Super. 512 (Ch.Div. 1982):
The need for a court-appointed conservator is two-fold: (1) to provide an individual whose primary duty is to protect the assets for the next lawful takers, be it the State should the escheat proceed, or the heirs-at-law if any are located, and (2) to avoid any question of conflict of interest between the Attorney General and future private intestate beneficiaries, should the State’s escheat proceeding not succeed, [at 513, n. 1]
N.J.S.A. 2A:37-18 requires that a notice to persons claiming an interest in the intestate’s estate, the form and contents of which notice are described in N.J.S.A. 2A:37-19, be posted in the state capitol and be published “once a week for two successive weeks in a newspaper of general circulation in Mercer County or in such other county as the court shall designate.” Pursuant to the practice established by this court in escheat/conservatorship proceedings, the State is directed to publish such notice in a newspaper of general circulation in the county of the intestate decedent’s residence.
The surrogate’s authority is derived from N.J.S.A. 3A:6 -3 and 4. See, also, N.J.S.A. 3B:10-2; R. 4:80, R. 4:84.
Except in insolvency proceedings, a probate court has no jurisdiction to decide such claims. Vreeland v. Schoonmaker, 16 N.J.Eq. 512, 527 (Prerog. 1863); Partridge v. Partridge, 46 N.J.Eq. 434, 436 (Ch. 1890), affd 47 N.J.Eq. 601 (E. & A. 1890).
See Camden Trust Co. v. Toone, 141 N.J.Eq. 342, 345 (Ch. 1948), which noted that although equity “is always reluctant to interfere with an action at law,” nonetheless “as between courts otherwise equally entitled to entertain jurisdiction, that court which first obtains possession of the controversy ought to be allowed to proceed and dispose of it without interference.. . citing Bigelow v. Old Dominion Copper Mining & Smelting Co., 74 N.J.Eq. 457, 474 (Ch. 1908). But cf. Rogozinski v. Rogozinski, 109 N.J.Super. 138, 141-142 (Ch.Div. 1970).
See Pascucci v. Vagott, 71 N.J. 40, 51-54 (1976), where the Supreme Court stated that jurisdiction over an administrative matter should be asserted by the Appellate Division, notwithstanding concurrent jurisdiction over some issues in the Juvenile and Domestic Relations Court, since the case should proceed in the court that could grant complete relief. See, also, Keegan v. Keegan Estate, 157 N.J.Super. 279, 284 (Ch.Div. 1978).
Reference
- Full Case Name
- IN THE MATTER OF THE REAL AND PERSONAL PROPERTY OF ANNE MARIE SOMOZA, A/K/A MARY A. SOMOZA, NOW IN THE MATTER OF THE ESTATE OF ANNE MARIE SOMOZA
- Cited By
- 2 cases
- Status
- Published