Schenck v. Vail
Supreme Court of New Jersey
Doctor Henry Van Derveer, late of the toAvnship of Bed-minster, in the county of Somerset, in this state, died on the 22d day of May, 1868, intestate. He never Avas married, and left, as his nearest of kin, five first cousins, Avho claim to be his heirs-at-laAV, and to Avhom his real estate descended, and in whose possession it has been since his death.
Read the full summary
Doctor Henry Van Derveer, late of the toAvnship of Bed-minster, in the county of Somerset, in this state, died on the 22d day of May, 1868, intestate. He never Avas married, and left, as his nearest of kin, five first cousins, Avho claim to be his heirs-at-laAV, and to Avhom his real estate descended, and in whose possession it has been since his death. A bill for partition of the real estate Avliereof Doctor Van Deiweer died siezed, Avas filed in the Court of Chancery on the 27th day of December, 1871. The parties complainant to said bill, are thirty-one second cousins and seven. third…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
In this cause, this court, for the first time, is called upon to express an opinion with respect to the meaning of the sixth clause of the act directing the descent of real estate. Nix. Dig. 236.
The controversy is urged between first, second and third cousins; and the question is, whether they all stand, by force of the laws of this state, in the same degree in the line of heritable blood, or whether the class of first cousins is to be preferred to those more remote. It will be observed that this *541is a problem which cannot, at all, be…
2Cited by3 opinions
- In Re AllenNew Jersey Superior Court Appellate Division · 1952
- Wilson v. Greenacres Country ClubNew Jersey Superior Court Appellate Division · 1956
- Riley v. SmithNew Jersey Superior Court Appellate Division · 1957