Den v. Allen
Supreme Court of New Jersey
Ejectment. What is legal proof of executing a will devising- land. Award of arbitrators cannot operate as a conveyance of land. This cause was tried at the Middlesex June circuit, in 1805, before the Chief Justice, and a verdict for the defendant.
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Ejectment. What is legal proof of executing a will devising- land. Award of arbitrators cannot operate as a conveyance of land. This cause was tried at the Middlesex June circuit, in 1805, before the Chief Justice, and a verdict for the defendant. The Chief Justice reported to this Court in substance as follows: That the lessors of the plaintiff, made out a title to the premises in the question,, by descent from Isaac Snedeker, their grandfather, who it was admitted, died seized. That the defendant by way of defence, set up, that the said Isaac Snedeker, in his life time, made and executed…
1Opinion of the Court
In this term, the justices delivered their opinions separately.
Kirkpatrick, C. J.
— Said that he had not altered the opinion which he had formed at the circuit, on the trial of the cause, and therefore, was of opinion, that the rule to set aside the verdict, and order a new trial ought to be refused.
Rossell, J.
— This case seems naturally to divide itself into four general heads: Was the will legally proved ? Had the executors power to sell the lands? Was the award of the arbitrators admissible evidence before the jury? Was the charge correct?
Whatever may have been or is now the practice in…
2Cited by3 opinions
- In re M.R.Supreme Court of New Jersey · 1994
- In re MasonNew Jersey Superior Court Appellate Division · 1997
- Matter of MRSupreme Court of New Jersey · 1994