Bird v. Hawkins
New Jersey Court of Chancery
On bill, answer and proofs. Thomas H. Hawkins in his lifetime resided in Vineland, New Jersey, where he owned considerable real and personal property. He died in February, 1890, leaving him surviving his only child and sole heir-at-law the complainant, Mary E. Bird, and his second wife and widow, Ella H. P. Hawkins.
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On bill, answer and proofs. Thomas H. Hawkins in his lifetime resided in Vineland, New Jersey, where he owned considerable real and personal property. He died in February, 1890, leaving him surviving his only child and sole heir-at-law the complainant, Mary E. Bird, and his second wife and widow, Ella H. P. Hawkins. The decedent had made and published his will, whereof he appointed his widow executrix, and she assumed the burthen of its execution and proved it before the Cumberland county surrogate in February, 1890. The defendants are the widow and the legatees and devisees interested under…
1Opinion of the Court
Grey, V. C.
I will first consider the efficiency of the objection interposed by way of plea to the jurisdiction of this court to grant relief by decreeing an accounting because the defendant has, as executrix,already filed a partial account in the'Cumberland county orphans court; and secondly, that the bill, so far as it seeks an account*237ing for the administration of the estate, exhibits no ground for relief, &e.
It is argued in support of the objection to the jurisdiction of this court over an accounting by the defendant executrix, that the presentation to and passing of a partial account by…
2Cases cited8 opinions
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Glen v. FisherNew York Court of Chancery · 1822
- General Investment Co. v. Bethlehem Steel Corp.New Jersey Court of Chancery · 1917
- Olmstead v. BrushSupreme Court of Connecticut · 1858
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3Cited by9 opinions
- First Methodist Episcopal Church v. HullSupreme Court of Iowa · 1938
- In re the Estate of MatthiessenNew York Surrogate's Court · 1940
- In Re O'NeillNew Jersey Superior Court Appellate Division · 1932
- Lyme High School Association v. Alling, Attorney-Gen.Supreme Court of Connecticut · 1931
- Olsen v. WrightNew Jersey Court of Chancery · 1935
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