Walker v. Hyland
Supreme Court of New Jersey
On case certified by the Court of Chancery to the Supreme Court for its opinion to be certified thereon,. under section 79 of “An act respecting the Court of Chancery” (Revision of 1902). Pamph. L. 1902, p. 537. The certificate of the Chancellor is as follows: In .Chancery of New-Jersey. Between Clarence E. Walker, complainant, and Michael E, Hyland et al., defendants. On bill, &c.
Read the full summary
On case certified by the Court of Chancery to the Supreme Court for its opinion to be certified thereon,. under section 79 of “An act respecting the Court of Chancery” (Revision of 1902). Pamph. L. 1902, p. 537. The certificate of the Chancellor is as follows: In .Chancery of New-Jersey. Between Clarence E. Walker, complainant, and Michael E, Hyland et al., defendants. On bill, &c. Case certified.- The bill of complaint in the above-entitled cause was filed June 16th, 1902, to foreclose a mortgage dated February 20th, 1901, given by Annie Gluck Hyland and Michael E. Hyland, her husband, to…
1Opinion of the Court
The opinion of the court was delivered by
Fort, J.
The' facts are sufficiently stated at the head- of this opinion.
Under the case certified to this court by the Court of Chancery, there is but a single question of law for our determination, namely:
Does an after-born child of a married woman dying testate succeed, under the provisions of section 21 of “An act concerning wills,” approved April 15th, 1846, to the same portion of her mother’s estate as such child would have been entitled to had her mother died intestate?
Since 1852, a married woman in this state may make a will, devising her real…
2Cases cited1 opinion
- Cotheal v. . CothealNew York Court of Appeals · 1869
3Cited by5 opinions
- Central R. Co. of NJ v. Jersey CitySupreme Court of the United States · 1908
- State v. TothNew Jersey Superior Court Appellate Division · 2002
- Ghesquier v. Fire & Police Pension FundSupreme Court of New Jersey · 1936
- Central Railroad v. Mayor of Jersey CitySupreme Court of New Jersey · 1905
- Petrozzino v. Monroe Calculating MacH. Co., Inc.Supreme Court of New Jersey · 1966