Potter v. Berry
Supreme Court of New Jersey
On appeal from a decree advised by "Vice-Chancellor Bird, whose opinion is reported in Berry v. Potter, 7 Dick. Ch. Rep. 664. Iii the latter part of the year 1886 or 1887, Samuel Dally, of the township of Wood bridge, then about seventy-eight years old, being about to make his will, asked his son-in-law, Lewis C. Potter, to make choice for his wife, Anna M. Potter, among the several parcels into which he had divided his real estate for distribution among his children by…
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On appeal from a decree advised by "Vice-Chancellor Bird, whose opinion is reported in Berry v. Potter, 7 Dick. Ch. Rep. 664. Iii the latter part of the year 1886 or 1887, Samuel Dally, of the township of Wood bridge, then about seventy-eight years old, being about to make his will, asked his son-in-law, Lewis C. Potter, to make choice for his wife, Anna M. Potter, among the several parcels into which he had divided his real estate for distribution among his children by will. Potter chose a parcel consisting of three tracts, one of said tracts being a clay-bank, and Dally, assenting to such…
1Opinion of the Court
"The opinion of the court was delivered by
Beasley, C. J.
This case was decided in the court of chancery on the ground ■of its purely legal aspect. It was found that the defendants were in the occupation of the lands in question as the licensees ■of the lunatic, and that the licensor having become of unsound mind, and his guardian having notified them that such license was revoked, they were ordered by the decree to remove from ■the premises in question and to account for the profits.
Looking at the affair in this aspect, it is difficult to see how a ■court of equity could take cognizance of the…
2Cited by7 opinions
- In re duPontCourt of Chancery of Delaware · 1963
- In Re DenissonWashington Supreme Court · 1938
- In Re TrottNew Jersey Superior Court Appellate Division · 1972
- In Re the Trusteeship of KenanSupreme Court of North Carolina · 1964
- In Re DegnanNew Jersey Court of Chancery · 1937
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