In re the Will of Maxwell

New Jersey Superior Court App Division

In re the Will of Maxwell

8 N.J. Eq. 251

CourtNew Jersey Superior Court Appellate Division

DecidedMarch 15, 1850

StatusPublished

This text of 8 N.J. Eq. 251 (In re the Will of Maxwell) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Will of Maxwell, 8 N.J. Eq. 251 (N.J. Ct. App. 1850).

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Opinion

The Chancellor.

The will was signed and published with the proper solemnities and in the usual manner, the testatrix declaring that she published the same as her last will and testament. From such signing and publication the presumption arises that she knew the contents of the will. The circumstances relied upon to overcome this presumption, and to throw upon the party supporting the will, the burden of proving that the testatrix knew its contents, are not sufficient for that purpose.

The decree of the Orphans’ Court will be affirmed.

Order accordingly.

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The Chancellor.

The will was signed and published with the proper solemnities and in the usual manner, the testatrix declaring that she published the same as her last will and testament. From such signing and publication the presumption arises that she knew the contents of the will. The circumstances relied upon to overcome this presumption, and to throw upon the party supporting the will, the burden of proving that the testatrix knew its contents, are not sufficient for that purpose.

The decree of the Orphans’ Court will be affirmed.

Order accordingly.

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Bluebook (online)

8 N.J. Eq. 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-will-of-maxwell-njsuperctappdiv-1850.