Legal Opinion
Eberhardt v. Perolin
New Jersey Superior Court Appellate Division
Decided May 15, 1891PublishedCited by 5 opinions
On appeal from decree of the Hudson orphans court establishing a trust, &c.
1Opinion of the Court
The Ordinary.
The decree.appealed from does not appear to have been made in either a proceeding for distribution or a suit for a legacy. In either of those proceedings there would be semblance of jurisdiction in the orphans court to make the decree in virtue of legislative sanction which exists, although it may be of questionable constitutional authority so far as it abstracts from the court of chancery a part of its jurisdiction over the construction of wills, especially where it concerns the matter of a trust, by conferring it upon another court. Adams v. Adams, 1 Dick. Ch. Rep. 298; 1…
2Cases cited4 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- In re Pennock's EstateSupreme Court of Pennsylvania · 1853
- In re the Estate of ChristieNew Jersey Superior Court Appellate Division · 1917
3Cited by5 opinions
- Ryder v. MyersNew Jersey Court of Chancery · 1933
- Central Hanover Bank Trust Co. v. HelmeNew Jersey Court of Chancery · 1937
- Bankers Trust Co. v. NY, Etc., AnimalsNew Jersey Superior Court Appellate Division · 1952
- First-Mech. Nat. Bank v. First-Mech. Nat. BankNew Jersey Court of Chancery · 1945
- Cahill v. MonahanNew Jersey Superior Court Appellate Division · 1959