Supreme Court of New Jersey
In the Matter of the Estate of Alton Glenn Miller, Deceased
July 13, 198290 N.J. 210
Summary
The Supreme Court of New Jersey affirmed the trial court's finding that the assignments granting David Mackay a one‑third interest in the RCA royalties were not intended to be perpetual and therefore terminated on March 15, 1967, when the guaranteed payments under the RCA contracts ended. The Court based this on the ambiguous language of the assignments and the surrounding circumstances, including the parties' conduct and the principle that perpetual contractual performance is disfavored. Justice Pashman dissented, arguing that the assignments created a permanent interest.