Legal Opinion

Whitenack v. Stryker

New Jersey Superior Court Appellate Division

Decided January 15, 1838PublishedCited by 6 opinions

Thts cuso came before the court upon an appeal from the decree of the orphan’s court of the county of Somerset. On the death of Abraham Whitenack, of said county, three writings were presented to the surrogate for probate; one purporting to be tho last will and testament of Abraham Whitenack, bearing date' the 23d day of March, 1830; one purporting to be a codicil to that will, bearing date the 31st clay of August, 1833 ; and another, purporting to be a second or further…

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Thts cuso came before the court upon an appeal from the decree of the orphan’s court of the county of Somerset. On the death of Abraham Whitenack, of said county, three writings were presented to the surrogate for probate; one purporting to be tho last will and testament of Abraham Whitenack, bearing date' the 23d day of March, 1830; one purporting to be a codicil to that will, bearing date the 31st clay of August, 1833 ; and another, purporting to be a second or further codicil, bearing date the 1J tfa, day of August, 1835. A caveat against the probate of any of the said paper writing's, was…

1Opinion of the Court

The Ordinary.

The principles of law applicable to cases of this character have become well settled, and it is very important to adhere to those rules which long experience iras fully tested to be wise, in considering so important a question as that of the capacity of-a testator. The following general rules and principles (and which are all that are necessary to be ascertained 'for the purposes of this cause) may, 1 think, be considered as well settled. In fact, upon the hearing there seemed to be no difference among tire counsel as to the general principles of law, but the case turned mainly…

2Cited by6 opinions

  1. In Re CarusoSupreme Court of New Jersey · 1955
  2. In Re HaltonNew Jersey Superior Court Appellate Division · 1932
  3. Turner v. ColeNew Jersey Court of Chancery · 1934
  4. In Re McCombNew Jersey Superior Court Appellate Division · 1935
  5. In Re TobinNew Jersey Superior Court Appellate Division · 1932

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