In re the appeal from the decree of the orphans court of the county of Camden dismissing the appeal from the order of the surrogate setting aside the probate of the last will & testament of Frank
New Jersey Superior Court Appellate Division
On appeal from a decree of the orphans court of Camden county. November 4th, 1918, the surrogate of Camden county ad-1 mitted to probate the last will and testament of Frederick G. Frank and issued letters of administration mm lestcmmio mnexo to Anna C. Frank, the mother of the deceased.
Read the full summary
On appeal from a decree of the orphans court of Camden county. November 4th, 1918, the surrogate of Camden county ad-1 mitted to probate the last will and testament of Frederick G. Frank and issued letters of administration mm lestcmmio mnexo to Anna C. Frank, the mother of the deceased. The order of probate was based upon the ordinary proofs contained in a verified petition filed by the said Anna C. Frank, which petition contained, among other things, the statement that the residence of the deceased was in Camden county at the date of his death. November 26th, 1918, Esther Frank, widow of…
1Opinion of the Court
Framing, Vioe-Okdinary.
The single question which has been presented to this court for consideration herein is whether an appeal could he taken to the orphans court from the order of the surrogate revoking the *407order of probate and the letters issued by him thereon. The orphans court held, and respondent in this appeal contends, that any appeal from that order should be to the prerogative court.
Prior to the act of March 26th, 1917 (P. L. 1917 p. 293), the surrogate could not entertain a petition to vacate an order of probate which-had been made by him. Mellor v. Kaighn, 89 N. J. Law 543. It is…
2Cited by5 opinions
- In Re SimpsonNew Jersey Superior Court Appellate Division · 1945
- In Re De PascaleNew Jersey Superior Court Appellate Division · 1943
- In re the Estate of CrocianiNew York Surrogate's Court · 1930
- In Re PlemenikSupreme Court of New Jersey · 1945
- In re the Estate of KellnerSupreme Court of New Jersey · 1932