In re probate of will of Veazey
Supreme Court of New Jersey
The Camden orphans court admitted the will to probate for reasons stated by Judge Jolino, as follows: “Having determined to admit the above-named paper to pro- . bate it seems fitting that I should shortly make known my reasons for so doing. “On the lltli day of May, 1910, Elizabeth L. Shaw filed with the surrogate a caveat against admitting to probate any paper ■purporting to lie the last will and testament of Thomas W. Yeazey, deceased.
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The Camden orphans court admitted the will to probate for reasons stated by Judge Jolino, as follows: “Having determined to admit the above-named paper to pro- . bate it seems fitting that I should shortly make known my reasons for so doing. “On the lltli day of May, 1910, Elizabeth L. Shaw filed with the surrogate a caveat against admitting to probate any paper ■purporting to lie the last will and testament of Thomas W. Yeazey, deceased. The testimony of the three witnesses to the will, of the scrivener, and of an architect was taken. It is unnecessary to consider the testimony of this last…
1Opinion of the Court
*470The opinion of the court was delivered by
Swayze, J.
The ordinary affirmed the decree upon the opinion of Judge Joline. We concur in the opinion and .would add nothing were it not for the fact that two objections to the admission of the testimony of Mr. Baltz are urged in this court. The first is, that as he is an executor and one of the proponents of the'will lie is incompetent under the statute to testify as to transactions with the deceased. The second is, that as he was the attorney and counsel of the testator in the execution of the will his evidence is incompetent for that reason. The…
2Cited by4 opinions
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- Brissie v. CraigSupreme Court of North Carolina · 1950
- In re the Estate of AndersonWashington Supreme Court · 1921
- Keller v. ReichertNorth Dakota Supreme Court · 1922