Legal Opinion

In re Proving the Last Will & Testament of Smith

Bergen County Surrogate's Court

Decided March 6, 1944Published

1Opinion of the CourtDelmar, J.

This matter came on for a hearing on a petition of Howard A. Smith praying for the probate of a paper-writing purporting to be the last will and testament of Howard A. Smith, Jr. Said paper-writing was in the form of an unwitnessed letter and was offered for probate as a will of personal property made by a soldier while in actual military service under R. S. 3 :2-7; N. J. S. A. 3 :2-7.

It is well settled in this state that the Orphans Court has no original jurisdiction over the probate of wills excepting in cases arising under R. S. 3 :2-22; N. J. S. A. 3:2-22, which statute is not applicable…

2Cases cited3 opinions

  1. Murray v. LynchNew Jersey Superior Court Appellate Division · 1902
  2. In Re SimsonNew Jersey Superior Court Appellate Division · 1938
  3. In Re BollesSupreme Court of New Jersey · 1934

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