Heller v. Resnick

The opinion of the court was delivered by

KESTIN, J.A.D.

The issues raised in this case bear upon the interests of those affected by a written contract to make reciprocal wills, specifically the restraints upon the freedom of action of a party in using or disposing of assets during his life as a survivor, and the enforceable expectations of irrevocable beneficiaries who are residuary legatees. These are questions of first impression, although touched upon in earlier cases involving oral testamentary contracts.

*50In January 1973, Max Resnick and Ada Heller were married. Max1 was about 63 years of…