Orcutt v. Hoyt

The opinion of the court was delivered by

Case, J.

The appeal is from a judgment in the Superior Court, Chancery Division, Essex County, and comes to us on our own motion.

In the estate of Kate Good Orcutt, deceased, were two rings inventoried as follows:

“(1) Platinum King-Set with Marquise Diamond Weighing Approximately 4.5 carats $2,250.00

“(2) Gold Ring Set with Solitaire Diamond Weighing Approximately 1.50 carat (Diamond is ‘Old-Mine-Gut,’ and of poor quality and imperfect) 300.00”

The litigation had but one issue, stated thus in the pretrial order:

“The sole question for determination is which…