In re the Probate of the Will of Frothingham
Supreme Court of New Jersey
On appeal from a decree of the prerogative court advised by the vice-ordinary, whose opinion is reported in 75 N. J. Bq.
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On appeal from a decree of the prerogative court advised by the vice-ordinary, whose opinion is reported in 75 N. J. Bq. (5 Buck.) 205. The orphans court of Monmouth county, in admitting to probate the will of Howard P. Erotbingham, deceased, filed the following conclusions: The writing, which it is dfiie object of these proceedings to have admitted to probate as the last will and testament of Howard P. Erothingham, was executed by him as his will in due form of law on the 10th day of October, 1906. This, is proved by the testimony of the subscribing witnesses to the instrument. After the…
1Per curiam
We have reached the conclusion that- the decree of the orphans court was right, and should be affirmed for the reasons stated in the opinion filed by Judge Poster in that court, and that to this end the decree of the prerogative court should be reversed.
Our examination of the testimony convinces us of the correctness of the conclusions reached by the orphans court, viz., that at the time the testator made the erasures his sole object was to get rid of the clauses that he so canceled, and that the having of a fair copy made by a penman, and whatever grew out of it, were after thoughts to which…
2Cited by11 opinions
- Heise v. EarleSupreme Court of New Jersey · 1944
- In Re Dougan's EstateOregon Supreme Court · 1935
- In Re RasnickNew Jersey Superior Court Appellate Division · 1962
- Swan v. SwanSupreme Judicial Court of Maine · 1958
- In re Smith's EstateDistrict Court, District of Columbia · 1948
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