Ludlow v. Ludlow
Supreme Court of New Jersey
On appeal from a decree of the ordinary, whose opinion is reported in Ludlow v. Ludlow, 8 Stew. Lq. J¡80. A writing, purporting to be the last will and testament of William A. Ludlow, deceased, bearing date November 28th, 1879 (the true date being October 28th, 1879), was propounded by the executors to the surrogate, appealed to the orphans court of the county of Essex, and admitted to probate.
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On appeal from a decree of the ordinary, whose opinion is reported in Ludlow v. Ludlow, 8 Stew. Lq. J¡80. A writing, purporting to be the last will and testament of William A. Ludlow, deceased, bearing date November 28th, 1879 (the true date being October 28th, 1879), was propounded by the executors to the surrogate, appealed to the orphans court of the county of Essex, and admitted to probate. On appeal to the prerogative court, the decree of the orphans court was reversed, and probate refused. Only the subscribing witnesses, James E. Harrison and Wesley C. Miller, were examined to prove the…
1Opinion of the Court
*599The opinion of the court was delivered by
Scudder, J.
After careful consideration of the evidence of the subscribing witnesses to this writing, with the desire, if possible, to give effect to the apparent intention of the decedent, I have been unable to reach the conclusion that it should be admitted to probate. The statute of March 12th, 1851, prescribes the formalities to be observed in the due execution of wills and testaments, and unless these appear in some manner, there is no legal sufficiency to devise, pass or bequeath the estate and property of the owner. These requirements differ from…
2Cited by6 opinions
- In Re HaltonNew Jersey Superior Court Appellate Division · 1932
- In Re JohnsonNew Jersey Superior Court Appellate Division · 1934
- In Re TaylorNew Jersey Superior Court Appellate Division · 1953
- In Re AmsdenSupreme Court of New Jersey · 1937
- In Re FerrisNew Jersey Superior Court Appellate Division · 1934
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