Legal Opinion

In re Nixon's Estate

Warren County Surrogate's Court

Decided March 29, 1943PublishedCited by 1 opinion

1Opinion of the Court

Rosecrans, C. P. J.

This is an application for the settlement of the decree and'for the allowance of counsel fees and expenses in a will contest. On appeal from probate pursuant to N. J. S. A. 3 :2-52, and following the taking of proofs, an opinion was filed sustaining the allegation of the contestant that the will was the product of undue influence exercised by decedent’s attorney, Francis L. Thompson, the executor and a legatee, and that probate should be denied.

The statute governing the allowance of costs and expenses of such litigation is N. J. S. A. 3 :2—51. A number of counsel were…

2Cases cited4 opinions

  1. Hamscher v. MyersSupreme Court of New Jersey · 1906
  2. Bioren v. NeslerNew Jersey Superior Court Appellate Division · 1909
  3. Franklin Lumber Co. v. Harold Anderson, Inc.Supreme Court of New Jersey · 1930
  4. In re the last will of HynesNew Jersey Superior Court Appellate Division · 1905

3Cited by1 opinion

  1. In Re ReisdorfSupreme Court of New Jersey · 1979

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