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In re the Estate of Alper

In the Matter of the Estate of Morris Alper, Deceased

In re the Estate of Alper, 65 A.2d 736 (N.J. 1949)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
April 25, 1949
Judges
PER CURIAM.
Citations
65 A.2d 7362 N.J. 1041949 N.J. LEXIS 240

Opinion of the Court — Per Curiam

Pee Curiam.

The decree of the former Prerogative Court is affirmed, and generally for the reasons stated in the opinion *105 of the learned Yice-Ordinary. The proofs do not establish the charge that the paper writing purporting to be the decedent’s last will and testament was the product of undue influence.

We express no opinion as to the admissibility of declarations allegedly made by one of the subscribing witnesses since deceased which, in the view of appellant, “indicated that pressure was brought to bear on the decedent when the will was executed.” See Whitemack v. Stryker, 2

N. J. Eq.

8

(Prerog. Ct.

1838);

Turner v. Cheesman, 15

N. J. Eq.

243 (Prerog. Ct.

1857);

Reformed Dutch Church v. Ten Eyck, 25

N. J. L.

40

(Sup. Ct. 1855); Meeker v. Boylan, 28

N. J. L.

274 (Sup. Ct.

1860);

Otterson v. Hofford, 36

N. J. L.

129 (Sup. Ct.

1873);

In re Lee’s Case, 46

N. J. Eq.

193 (Prerog. Ct.

1889);

In re Rein, 139 N. J. Eq.

122 (Prerog. Ct.

1946). We concur in the finding that this evidence is utterly without countervailing weight. The proofs overwhelmingly negative the existence of undue influence.

For affirmance—Chief Justice Yanderbilt, and Justices Case, Heher, Waoheneeld, Burling and Ackerson—6.

For reversal—None.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1950: 22010: 119502026peak 1950 · 2

Relies on it most ⓘ

  1. Henry v. New Jersey Department of Human Services9 A.3d 882 (N.J. 2010)
  2. In re Probate of the Last Will and Testament of Anna Filo75 A.2d 517 (N.J. Super. Ct. App. Div. 1950)
  3. Gellert v. Livingston73 A.2d 916 (N.J. 1950)

Most recent

  1. Henry v. New Jersey Department of Human Services9 A.3d 882 (N.J. 2010)
  2. In re Probate of the Last Will and Testament of Anna Filo75 A.2d 517 (N.J. Super. Ct. App. Div. 1950)
  3. Gellert v. Livingston73 A.2d 916 (N.J. 1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
In re Rein, 50 A.2d 380 (N.J. Super. Ct. App. Div. 1946) 5

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