Carey v. Monroe
New Jersey Superior Court Appellate Division
On appeal from a decree of the Passaic county orphans court. James Carey, while residing with his wife in Passaic county, on the 28th of April, 1892, died testate.
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On appeal from a decree of the Passaic county orphans court. James Carey, while residing with his wife in Passaic county, on the 28th of April, 1892, died testate. By his will, which was dated three days before his death, he directed his executors to pay his debts and funeral expenses, gave to two grandchildren each $50, devised and bequeathed the remainder of his estate, real and personal, to his eight children in equal shares, and appointed executors with power to sell his real estate. No provision for the wife was made by the will, nor was she mentioned in it. The wife, Sarah Ann Carey,…
1Opinion of the Court
The Ordinary.
The appeal presents two questions — -first, whether by exception, like that which is now considered, to the account of executors or administrators, the statutory reservation for the family of a decedent may be enforced, and, if so, second, whether Mrs. Carey took a title or right to $200 of her husband’s estate which survives to her representatives.
The statute (Rev. p. 762 § 52) is a growth from the statutes respecting executions, in pursuance of a legislative policy that neither a living debtor with a family, nor the family of a deceased debtor, resident with him in this state…
2Cases cited6 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Barnum v. BoughtonSupreme Court of Connecticut · 1887
- Tarbox v. FisherSupreme Judicial Court of Maine · 1863
- Dunn, Ex ParteSupreme Court of North Carolina · 1869
- Henderson's Adm'r v. TuckerSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In Re BrueckSupreme Court of New Jersey · 1938
- Second Nat. Bank, Paterson v. Cowega Realty Co.New Jersey Court of Chancery · 1941