Boylan v. Meeker
Supreme Court of New Jersey
On rule to show cause. This was an action of ejectment, commenced in this court, and tried at the Essex Circuit before a jury. The facts in the cause are fully stated in the opinions delivered.
1Opinion of the CourtWhelpley, J.
If the due and formal execution of a will can be proved by the testimony of witnesses present when it was executed, the will in question was so proved.
Pour witnesses of respectability and character swear they were present, and saw it executed. Their evidence is so minute in its details as to cut off all possibility of mistake. They either saw what they testify or they are perjured. To say that they may be mistaken is a cavil, not an argument. No sane man can read their testimony and truthfully say they are honest; but they did not see a will executed, they are mistaken.
Upon the trial, the…
2Cases cited14 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Love v. Simm's LesseeSupreme Court of the United States · 1824
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Osgood v. FranklinNew York Court of Chancery · 1816
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3Cited by7 opinions
- People v. DriggsCalifornia Court of Appeal · 1909
- In Re Probate of D'AgostinoNew Jersey Superior Court Appellate Division · 1950
- Ludlow v. DwyerNew Jersey Superior Court Appellate Division · 1949
- Drachenberg v. DrachenbergNew Jersey Superior Court Appellate Division · 1949
- In Re McDougalNew Jersey Superior Court Appellate Division · 1958
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