Legal Opinion

Mackey v. Mackey

New Jersey Court of Chancery

Decided June 22, 1906PublishedCited by 3 opinions

Heard on bill and plea. This is a bill for partition. The complainants are William A. Mackey and his wife, and the defendants are the persons stated in the bill to have interests in or title to the real estate sought to be partitioned. The real estate in question formerly belonged to Elias J. Mackey and Sarah E. Mackey, his wife, who were the mother and father of the complainant William A: Mackey. John H. Mackey was a brother of the complainant William A. Mackey.

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Heard on bill and plea. This is a bill for partition. The complainants are William A. Mackey and his wife, and the defendants are the persons stated in the bill to have interests in or title to the real estate sought to be partitioned. The real estate in question formerly belonged to Elias J. Mackey and Sarah E. Mackey, his wife, who were the mother and father of the complainant William A: Mackey. John H. Mackey was a brother of the complainant William A. Mackey. He died on the 17th of January, 1906, and his widow and four minor children are made parties. It is charged that John H. Mackey was…

1Opinion of the Court

Garrison, Y. C.

(after stating facts).

It seems too plain to require discussion that if John H. Mackey did leave a will, executed in compliance with the law, and did constitute therein a trustee with full power of sale, and such-trustee now holds the title to the land formerly owned by John H. Mackey, as in said plea set up, such trustee is a necessary party to this suit.

The complainants, however, insist that the plea does not show that the will has been admitted to probate, and therefore they claim that the plea is not a complete defence to the bill, and should not be sustained. Their…

2Cited by3 opinions

  1. Moore v. MooreNew Jersey Court of Chancery · 1908
  2. Sozanska v. Town of StratfordSupreme Court of Connecticut · 1931
  3. In re the Estate of McCabeEssex County Surrogate's Court · 1934

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