In re the probate of the will of Cooper
New Jersey Superior Court Appellate Division
On appeal from a decree of the Morris county orphans court, admitting to probate certain paper-writings purporting to be the last will and testament of Esther J. Cooper, deceased. The following is the opinion deTvered by Judge Mills in the orphans court: Mills, J. This is a proceeding brought to test the validity of certain paper-writings purporting to be the last will and testament of Esther J. Cooper.
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On appeal from a decree of the Morris county orphans court, admitting to probate certain paper-writings purporting to be the last will and testament of Esther J. Cooper, deceased. The following is the opinion deTvered by Judge Mills in the orphans court: Mills, J. This is a proceeding brought to test the validity of certain paper-writings purporting to be the last will and testament of Esther J. Cooper. The will is dated May 26th, 1900. The codicil accompanying the same is dated March 29th, 1904. A copy of each has been annexed to these conclusions. Testatrix was eighty-six years of age at…
1Opinion of the Court
Pitney, Ordinary.
Counsel for the appellants do not controvert the principle of law adopted by the court below as applicable to the case. The contention is that the learned judge erred in his conclusions of fact.
My examination of the case convinces me that those conclusions are fully supported by the evidence, and that the respondent Axtell fairly sustained the burden of showing that the will was the product not of undue influence, but of the free and independent judgment of the testatrix.
The decree under review will be affirmed.
2Cited by18 opinions
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- In Re the Estate of NeumanSupreme Court of New Jersey · 1943
- In Re Blake's WillSupreme Court of New Jersey · 1956
- In Re Will of LandsmanNew Jersey Superior Court Appellate Division · 1999
- In Re RaynoldsNew Jersey Superior Court Appellate Division · 1942
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