RICHARD ADAMS v. JOAN LABRUNO ADAMS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-00065-05T30065-05T2

RICHARD ADAMS,

Plaintiff-Appellant,

v.

JOAN LABRUNO ADAMS,

Defendant-Respondent.

______________________________________

IN THE MATTER OF THE ESTATE OF

JOHN K. ADAMS, Deceased.

_______________________________________

 

Submitted May 10, 2006 - Decided June 6, 2006

Before Judges Conley and Weissbard.

On appeal from Superior Court of New

Jersey, Chancery Division, Bergen

County, C-35-04.

Socrates Lambrinides, attorney for appellant.

Walsh & Walsh, attorney for respondent

(John K. Walsh, Jr., of counsel and on the brief).

PER CURIAM

Plaintiff Richard Adams appeals from a judgment in favor of defendant Joan La Bruna Adams after a summary trial in the Chancery Division. The dispute concerned the disposition of certain property of decedent John K. Adams, plaintiff's brother and defendant's husband. After a trial on July 19, 2005, Judge Escala filed a written opinion followed by an order of August 10, 2005, which dismissed plaintiff's complaint and provided as follows:

ORDERED the proper beneficiary of the Decedent's pension benefits under his Section 414h and Non414h Plan, together with interest, totaling $144,810.08, is the Estate of John K. Adams; and it is further

ORDERED that the pension benefits be paid over to the Estate of John K. Adams, less any proper federal or state income taxes, including interest and penalties thereon, within twenty (20) days of the date hereof; and it is further

ORDERED that the proper beneficiary of the Decedent's group life insurance beneficiary in the sum of $293,436.00 be and hereby is Defendant's wife, Joan L. Adams; and it is further

ORDERED that, the Defendant, Joan L. Adams, having acknowledged that she waived her rights under Decedent's Last Will & Testament, the assets of the Decedent's estate passing by virtue of his Last Will & Testament dated June 26, 1981, and admitted to probate by the Bergen County Surrogate on November 21, 2003, shall pass one half to Decedent's father, John E. Adams and one half to Defendant's mother, Lillian LaBruna.

On appeal plaintiff presents the following arguments for our consideration:

POINT I

JUDGE ESCALA ERRED IN HIS FINDINGS OF FACT TO ARRIVE AT HIS CONCLUSIONS.

POINT II

PROPERTY SETTLEMENT AGREEMENTS ARE CONTRACTS BY AND BETWEEN SPOUSES AND AS SUCH THEY ARE ENFORCEABLE.

POINT III

JUDGE ESCALA ERRED IN SETTING FORTH THAT THE ENFORCEABILITY OF A PROPERTY SETTLEMENT AGREEMENT AND THE ENFORCEMENT OF ONE PARTY'S RIGHT TO THE RUTGERS PENSION BENEFITS AND INSURANCE PROCEEDS REQUIRE THAT THE PARTIES BE DIVORCED.

POINT IV

JUDGE ESCALA ERRED IN HIS DECISION SETTING FORTH THAT DECEDENT'S PENSION IN THE APPROXIMATE AMOUNT OF $145,000.00 SHOULD GO TO THE DECEDENT'S ESTATE AND NOT TO THE CONTINGENT BENEFICIARY SET FORTH THEREON, RICHARD ADAMS.

Having carefully reviewed these contentions in light of the record and applicable law, we find them to be without sufficient merit to warrant relief. We affirm substantially for the reasons expressed by Judge Escala in his written opinion of July 29, 2005. See also R. 2:11-3 (e)(1)(A), (E).

 
Affirmed.

According to respondent's brief, the correct spelling of her name is Joan La Bruna Adams.

(continued)

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A-00065-05T3

June 6, 2006