Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

IN THE MATTER OF THE ESTATE OF MORRIS ALPER, DECEASED.

PER CURIAM.

The decree of the former Prerogative Court is affirmed, and generally for the reasons stated in the opinion of the learned Vice-Ordinary. The proofs do not establish the charge that the paper writing purporting to be the decedent's last will and testament was the product of undue influence.

We express no opinion as to the admissibility of declarations allegedly made by one of the subscribing witnesses since deceased which, in the view of appellant, "indicated that pressure was brought to bear on the decedent when the will was executed." See Whitemack v. Stryker, 2 N.J. Eq. 8 ( Prerog. Ct. 1838); Turner v. Cheesman, 15 N.J. Eq. 243 ( Prerog. Ct. 1857); Reformed Dutch Church v. Ten Eyck, 25 N.J.L. 40 ( Sup. Ct. 1855); Meeker v. Boylan, 28 N.J.L. 274 ( Sup. Ct. 1860); Otterson v. Hofford, 36 N.J.L. 129 ( Sup. Ct. 1873); In re Lee's Case, 46 N.J. Eq. 193 ( Prerog. Ct. 1889); In re Rein, 139 N.J. Eq. 122 ( Prerog. Ct. 1946). We concur in the finding that this evidence is utterly without countervailing weight. The proofs overwhelmingly negative the existence of undue influence.

For affirmance — Chief Justice VANDERBILT, and Justices CASE, HEHER, WACHENFELD, BURLING and ACKERSON — 6.

For reversal — None.

Use AI to get other relevant cases.

Comments

IN RE ALPER
(Apr 25, 1949)