Legal Opinion

In re the estate of Phelan

New Jersey Superior Court Appellate Division

Decided July 9, 1913PublishedCited by 10 opinions

On appeal from a decree of the Cape May county orphans court refusing probate of a will.

1Opinion of the Court

Walker, Ordinary.

The document in question in this cause is a holographic will of the late Eev. Cornelius E. Phelan. It commences as follows:

“I, Cornelius or Corniel P. Phelan, at present Rector of St. Joseph’s Church, Sea Isle City, N. J., being of sound mind, memory and understanding, do make, publish and declare this my last will and testament.”

The paper was not signed by the testator, that is, it was not-signed in the way wills are usually signed. The proponent urges that the name of the deceased written in the caption or attestation clause of the will is to be taken as his signature.

‘When…

2Cited by10 opinions

  1. Knauff v. DavidsonArizona Supreme Court · 1915
  2. Stone v. HoldenMichigan Supreme Court · 1922
  3. In Re Estate of CunninghamNew Jersey Superior Court Appellate Division · 1984
  4. In Re TaylorNew Jersey Superior Court Appellate Division · 1953
  5. JD Loizeaux Lumber Co. v. DavisNew Jersey Superior Court Appellate Division · 1956

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