82 N.J. Eq. 583 | N.J. Super. Ct. App. Div. | 1913
This is an appeal from an order of the orphans court of Hunterdon count)", dismissing a petition to vacate a decree denying probate of a paper-writing purporting to be the last will and testament of Sara E. It. Queen, deceased, and to set aside letters of administration upon her estate, granted by the surrogate of that county.
The deceased died in Media, Pennsylvania, leaving personal property only. Sylvanus R. Queen, her husband, survived. A paper-writing purporting to be her last will, by which she -attempted to bequeath her entire estate to her husband, was offered for probate before the surrogate, who, because of doubts arising upon the face of it, certified the same into the orphans court for adjudication. On the hearing lief ore the orphans court it was made to appear that the decedent’s residence at the time of her death was at Mount Pleasant, in 'Hunterdon county, and it ap
Without hearing the merits, the orphans court, upon motion, made an order dismissing the petition on the ground that it was without jurisdiction to revoke letters granted by the surrogate, the order reciting that "the petitioner having admitted in open court that this was the object of the.prayer of the said petition.” From- this order this appeal was taken.
The appeal will be dismissed, with costs.