Legal Opinion

Davis v. Vanderveer's Administrator

Supreme Court of New Jersey

Decided November 15, 1872PublishedCited by 4 opinions

By a decree of the Orphans Court of the county of Somerset, the surplusage of the personal estate of Dr. Henry Vanderveer, late of said county, deceased, was ordered to be distributed to and among his five first cousins. .Certain of the second and third cousins of Dr. Vanderveer thereupon filed their petition of appeal in the Prerogative Court, setting forth that the said decree was erroneous, for that the said Dr. Vanderveer left him surviving, not only the said five first…

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By a decree of the Orphans Court of the county of Somerset, the surplusage of the personal estate of Dr. Henry Vanderveer, late of said county, deceased, was ordered to be distributed to and among his five first cousins. .Certain of the second and third cousins of Dr. Vanderveer thereupon filed their petition of appeal in the Prerogative Court, setting forth that the said decree was erroneous, for that the said Dr. Vanderveer left him surviving, not only the said five first cousins, but also the petitioners and others, children and representatives of first cousins deceased; and claiming that…

1Opinion of the Court

The opinion of the court was delivered by

Bedle, J.

This appeal is from the decree of the Ordinary, dismissing an appeal from a decree of distribution of the Orphans Court *581of the county of Somerset. The intestate, Dr. Henry Manderver, was never married. His nearest relatives at his death were five cousins, to whom his whole personal estate was ordered distributed. The appellants are his second and third cousins, and they claim a share in the distribution as representatives or descendants of other cousins deceased in the lifetime of the intestate. The question for decision is whether, under our…

2Cited by4 opinions

  1. In Re O'MaraNew Jersey Superior Court Appellate Division · 1930
  2. In Re O'MaraNew Jersey Superior Court Appellate Division · 1927
  3. In Re TantumNew Jersey Superior Court Appellate Division · 1924
  4. In Re PeakeNew Jersey Superior Court Appellate Division · 1934

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