Carroll v. Bonham
New Jersey Superior Court Appellate Division
Where a decedent lived nine days after making a nuncupative will, and possessed the capacity meanwhile to execute a written one, and could have made such written will, the nuncupative one cannot be sustained. Appeal from decree of Hunterdon orphans court refusing to admit to probate an alleged nuncupative will.
1Opinion of the Court
The ORDINARY.
Asher W. Carroll, the appellant, propounded for probate in the orphans court of Hunterdon county an alleged nuncupative will of his sister, Mary Ann Bonham, late of that county, deceased, who was the wife of the respondent, Moses Bonham. The alleged nuncupation was made on the 9th day of April, 1886. Mrs. Bonham was then living with her husband, at their home in Hunterdon county. She was ill, and continued to be so until she died, on the 18th of the same month._ The alleged will was offered for probate by petition on the 2d of June, 1886. After hearing the matter upon due notice,…
2Cases cited6 opinions
- Johnston v. GlasscockSupreme Court of Alabama · 1841
- In re the alleged nuncupative will of YarnallSupreme Court of Pennsylvania · 1833
- Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822
- Sadler v. SadlerMississippi Supreme Court · 1882
- Nolan v. GardnerTennessee Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Estate of CarpentieroNew Jersey Superior Court Appellate Division · 1968