O'Donnell v. McCann
New Jersey Court of Chancery
On application for preliminary injunction. The bill of complaint shows that Catherine Fitzpatrick departed this life leaving a last will and testament dated July 1st, 1903, which was duly admitted to probate, and wherein she did, among other things, leave to the complainants, Salina Roone (now Mrs. O’Donnell) and Sadie Rhone (now Mrs. Hinton), $500 to be divided between them share and share alike; that the executor named in the will renounced and letters of administration…
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On application for preliminary injunction. The bill of complaint shows that Catherine Fitzpatrick departed this life leaving a last will and testament dated July 1st, 1903, which was duly admitted to probate, and wherein she did, among other things, leave to the complainants, Salina Roone (now Mrs. O’Donnell) and Sadie Rhone (now Mrs. Hinton), $500 to be divided between them share and share alike; that the executor named in the will renounced and letters of administration with the will annexed were issued by the surrogate of Middlesex county to Ronald McCann, who duly qualified, and, on…
1Opinion of the Court
Walker, V. C.
Upon the above state of facts this court is asked to enjoin the suit of John McCann, administrator of Eonald McCann, deceased, against Bussell E. Watson, substituted administrator cum testamento annexo of Catherine Fitzpatrick, deceased, brought to collect the alleged board bill of $555.94. The defendants to the supplemental bill (save those who are complainants in the. original bill) meet the issue by a motion in limine to strike the supplemental bill from the files — first and fifth, because it is filed by a defendant; second, because it shows a want of equity; third, because…
2Cases cited1 opinion
- Evans v. VanbibberTennessee Supreme Court · 1850
3Cited by3 opinions
- Soos v. SoosNew Jersey Court of Chancery · 1936
- Brooks-Wright, Inc. v. Maryland Casualty Co.New Jersey Court of Chancery · 1943
- John N. Price & Sons v. Maryland Casualty Co.District Court, D. New Jersey · 1943