Brothers v. Pickel
New Jersey Superior Court Appellate Division
On appeal from, the decree of the orphans court of Hunterdon county, admitting to probate a paper purporting to be the last will and testament of Adrian H. Pickel, deceased.
1Opinion of the Court
The Ordinary.
The sole question presented for decision upon this appeal is, whether, under the provision of the nineteenth section of the orphans court act {Rev. p. 756), that when a caveat shall be filed against the probate of a will, the orphans court may, on the application of the caveator, or of the persons named as executors in the will, certify the question involved in the controversy into the circuit court of the county, for trial before a jury, it is obligatory upon,, or merely discretionary with, the orphans court to certify. Where the word “ may” is used in a statute authorizing^ as…
2Cases cited55 opinions
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- City of Galena v. AmySupreme Court of the United States · 1867
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Williams v. . the PeopleNew York Court of Appeals · 1862
- Colt v. EvesSupreme Court of Connecticut · 1837
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