Casella v. Casella

This is an appeal by Paul Casella and Michael Casella, brothers of Domenico Casella, deceased, from certain portions of the judgment herein, and appeal by Mary Casella, widow of said deceased, from certain other portions of the judgment. As the parties are both petitioners and appellants, Paul and Michael will be referred to as the “Brothers” and the widow will be referred to as Mary.

Questions Presented

1. Did the probate court have jurisdiction to determine the ownership of joint tenancy properties %

2. Were the joint tenancies between Domenico and Mary destroyed ?

3. Was the effect of the will’s in terrorem clause before the court?

Record

Domenico Casella died April 11, 1964. The Brothers obtained admission of his will to probate and letters testamentary were issued to them. Mary filed in the estate “Petition for Decree Determining Interest in Estate.” The Brothers filed “Petition for Determination of Entitlement to Distribution of Estate.” Also Mary and the Brothers filed “Statements of Interest.”

After a hearing the court found that all of the property of Domenico was originally his separate property; that certain of the properties became joint tenancy properties and…