Wyckoff v. O'Niel
New Jersey Court of Chancery
Heard on bill and demurrer. This is a bill filed by Martha and Elizabeth WyckofE against William O’Niel, executor of Mary E. Harris. . Mary E. Harris was the aunt of. the complainants.
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Heard on bill and demurrer. This is a bill filed by Martha and Elizabeth WyckofE against William O’Niel, executor of Mary E. Harris. . Mary E. Harris was the aunt of. the complainants. In her will, of which O’Niel is the executor, she gave many legacies to various institutions and persons, among such legacies being one of. $5,000 to the complainants-, to be equally divided between them; and to the complainants, together with several- others named, she left all the residue and remainder of her estate. She died on the 17th day of August, 1904, and her will was probated in the county of Warren.…
1Opinion of the Court
Garrison, V. 0.
(after stating facts).
While it is undoubtedly true that the court of chancery of New Jersey has all of the ancient equitable jurisdiction with respect to the administration of estates, and is a proper forum in which to bring an action for the recovery of a legacy, it is equally true that where the administration of an estate is proceeding in the probate courts, the court of chancery will'not interfere unless special cause and good reason be shown therefor. Salter v. Williamson, 2 N. J. Eq. (1 Gr. Ch.) 480 (Chancellor Pennington, 1841) Van Mater v. Sickler, 9 N. J. Eq. (1…
2Cited by4 opinions
- First Methodist Episcopal Church v. HullSupreme Court of Iowa · 1938
- Easton v. GoodwinNew Jersey Court of Chancery · 1935
- In Re BradfordNew Jersey Superior Court Appellate Division · 1940
- In Re OpitzNew Jersey Superior Court Appellate Division · 1941