Supreme Court of New Jersey
Joan A. Newburgh, as Administratrix Ad Prosequendum for the Heirs at Law of Melvin H. Newburgh, Deceased, and as…
February 23, 198288 N.J. 529
Summary
The Supreme Court held that Joan Newburgh’s Mexican divorce was presumptively valid and therefore her marriage to Melvin Newburgh was valid, entitling her to a share of the wrongful‑death award as his widow. The Court also found a factual issue as to whether Steven Newburgh was entitled to support for college or law‑school education after reaching age 18 and remanded for determination of that issue. Justice Handler’s concurrence argued for a broader equitable estoppel analysis, while Justice Pashman’s concurrence emphasized the remedial purpose of the Wrongful‑Death Act.