Legal Opinion

Allaire v. Allaire

Supreme Court of New Jersey

Decided February 15, 1875PublishedCited by 6 opinions

In ejectment to recover possession of lands in the county of Monmouth. On rule to show cause why the verdict for the plaintiff, rejecting the will of James P. Allaire, should not be set aside.

1Opinion of the Court

*316The opinion of the court was delivered by

Depue, J.

James P. Allaire, a resident of the city of New York, died on the 20th of May, 1858. By a paper, purporting to be his last will, and bearing date on the 7th of October, 1850, he devised the premises in question to his widow. The plaintiffs are the heirs-at-law of the deceased, and the widow is the defendant. The only controversy is, whether there was sufficient proof of the .execution of the will to pass the title to lands in the state of New Jersey.

The will was admitted to probate by the surrogate of the city of New York, on the 18th day of…

2Cases cited2 opinions

  1. Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
  2. Remsen v. BrinckerhoffNew York Supreme Court · 1841

3Cited by6 opinions

  1. In RE ESTATE OF DuBOISNew Jersey Superior Court Appellate Division · 1950
  2. In Re the Will of MarksSupreme Court of North Carolina · 1963
  3. In Re JohnsonNew Jersey Superior Court Appellate Division · 1934
  4. James v. WendehackNew Jersey Superior Court Appellate Division · 1949
  5. In Re FerrulliNew Jersey Superior Court Appellate Division · 1969

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