Legal Opinion

Van Riper v. Wickersham

Supreme Court of New Jersey

Decided June 20, 1910PublishedCited by 27 opinions

On cross-appeals from a decree of the court of chancery, advised by Vice-Chancellor Learning. These are cross-appeals from a decree of the chancellor for specific performance, advised by Vice-Chancellor Learning.

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On cross-appeals from a decree of the court of chancery, advised by Vice-Chancellor Learning. These are cross-appeals from a decree of the chancellor for specific performance, advised by Vice-Chancellor Learning. The bill is filed by Charles Cobb Van Riper, executor and trustee under the last will and testament of Joseph A. SefEarlen, deceased, and is founded upon an agreement dated October 7th, 1907, whereby the executor agreed to sell and convey certain premises in Atlantic City to Elizabeth A. Wickersham. This instrument provided that the premises to be conveyed should be clear of…

1Opinion of the Court

The opinion of the court was delivered by

Voorilees, J.

Whether the complainant was in laches in procuring the authority from the court of chancery to make the conveyance under the will was a question of fact. Between the execution of the agreement and the filing of the bill the defendant consulted a conveyancer in Philadelphia, who in turn consulted a title company, and in October • notified the complainant that a commission in lunacy for Laura and the appointment of a guardian would be required by the title company. The complainant was not willing to take proceedings of that character, which…

2Cases cited1 opinion

  1. Dresel v. JordanMassachusetts Supreme Judicial Court · 1870

3Cited by27 opinions

  1. McKevitt v. City of SacramentoCalifornia Court of Appeal · 1921
  2. Goldstein v. EhrlickNew Jersey Court of Chancery · 1924
  3. Centex Homes Corp. v. BoagNew Jersey Superior Court Appellate Division · 1974
  4. Joachim v. BelfusNew Jersey Court of Chancery · 1930
  5. Kittinger v. RossmanCourt of Chancery of Delaware · 1921

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