In re the administration of the Estate of Hill
New Jersey Court of Chancery
Appeals from two decrees of the orphans court of Mercer county. Susan Hill died September 6th, 1896, intestate. She left six children, Charles C., Henry, Elwood, Hamilton, Edward F. and Zillah, now married to Daniel J. Bowers. On September 22d Charles C. applied to the surrogate of Mercer county for letters of administration.
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Appeals from two decrees of the orphans court of Mercer county. Susan Hill died September 6th, 1896, intestate. She left six children, Charles C., Henry, Elwood, Hamilton, Edward F. and Zillah, now married to Daniel J. Bowers. On September 22d Charles C. applied to the surrogate of Mercer county for letters of administration. His application had the written endorsement of all the children except Zillah, she having on September 21st filed a .caveat against the granting of letters to Charles C. The matter was set down for heaving before the orphans court on October 21st, 1896, and after several…
1Opinion of the Court
The Vice-Ordinary.
I will first speak of the appeal first taken.
It is of course true that the orphans court could not pass by the next of kin -and appoint strangers to the blood of the-intestate without the consent of all the next- of kin, or witHout-proof that the non-consenting parties were unfitted for the office. *766This is conceded by all parties. The court below obviously acted upon the supposition that all the next of kin had consented. No testimony was taken in respect to the fitness of Charles C. Hill for the office. The proctors on both sides undoubtedly supposed that the next of kin,…
2Cases cited2 opinions
- Hicks v. HicksNew York Supreme Court · 1851
- Green v. ClarkSupreme Court of Vermont · 1852
3Cited by4 opinions
- In Re RothNew Jersey Superior Court Appellate Division · 1947
- In Re Estate of WatsonSupreme Court of New Jersey · 1961
- In Re BarnettNew Jersey Superior Court Appellate Division · 1927
- In Re CookeNew Jersey Superior Court Appellate Division · 1924