Legal Opinion
Fidelity Union Trust Co. v. Noll
New Jersey Court of Chancery
Decided February 24, 1939PublishedCited by 8 opinions
1Opinion of the Court
Since the filing of the opinion in this case, reported in124 N.J. Eq. 415; 2 Atl. Rep. 2d 328, reargument has been heard touching the admission and use of extrinsic evidence in aid of the interpretation of the will. The rules on this subject may be summarized as follows:
I. The testator's declarations regarding his testamentary intentions are inadmissible except in case of latent ambiguity in the naming of a person or thing in the will when such declarations may be proved to identify the person or thing.
II. Proof is generally admissible of the situation existing when the will was made — the…
2Cases cited9 opinions
- Byrne v. ByrneNew Jersey Superior Court Appellate Division · 1938
- First Nat. Bank of Toms River v. LevyNew Jersey Superior Court Appellate Division · 1938
- Gates v. Plainfield Trust Co.Supreme Court of New Jersey · 1937
- Federal Trust Co. v. OstNew Jersey Court of Chancery · 1936
- Damron v. MastNew Jersey Court of Chancery · 1937
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Darpino v. D'ArpinoNew Jersey Superior Court Appellate Division · 1962
- Epstein v. KuvinNew Jersey Superior Court Appellate Division · 1953
- In Re HortonNew Jersey Superior Court Appellate Division · 1949
- Kennedy v. MocklerNew Jersey Superior Court Appellate Division · 1955
- Sanford v. KaercherNew Jersey Court of Chancery · 1939
3 more not listed; retrieve them via the Exa API.