Legal Opinion

In re the probate of a paper purporting to be the last will of Gordon

New Jersey Superior Court Appellate Division

Decided May 15, 1892PublishedCited by 5 opinions

The paper in dispute was presented for probate in common form to the ordinary on the 17th day of January, 1891, by Adeline J. Gordon, a sister of the decedent.

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The paper in dispute was presented for probate in common form to the ordinary on the 17th day of January, 1891, by Adeline J. Gordon, a sister of the decedent. It was then made to appear that the" widow and daughter of George P. Gordon were dead and that each of them had died without issue; that George P. Gordon, at his death, was domiciled in Woodbridge township, in the county of Middlesex; that no caveat had been filed in the surrogate’s office of that county against the probate of such a will, and that it would be exceedingly difficult, if not impossible, to ascertain what interests would…

1Opinion of the Court

The Ordinary.

The probate of the paper in dispute is resisted upon two contentions—-first, that the domicil of George P. Gordon, at his death, was in Brooklyn, in the State of New York, and for that reason that this court cannot, even if the paper be the will of George P. Gordon, admit it to probate, and, second, that the paper is a forgery and not the will of George P. Gordon.

I have no difficulty in disposing of the first of these grounds contest. It abundantly appears, if this will be valid, that there is personal property belonging to the testator’s estate within the jurisdiction of this…

2Cases cited3 opinions

  1. Jaques v. HortonSupreme Court of Alabama · 1884
  2. Wood v. MatthewsSupreme Court of Missouri · 1881
  3. Varner v. BevilSupreme Court of Alabama · 1850

3Cited by5 opinions

  1. In Re Creger's EstateSupreme Court of Oklahoma · 1929
  2. In Re HanessNew Jersey Superior Court Appellate Division · 1925
  3. State v. BulnaNew Jersey Superior Court Appellate Division · 1957
  4. McTamney v. McTamneyNew Jersey Court of Chancery · 1946
  5. In Re D'AgostinoNew Jersey Superior Court Appellate Division · 1949

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