Paterson v. CurrierPaterson v. Currier
Thе complainant holds paper title to land by deed from Louise Delannoy Harrison, a devisee under the inartificially drawn last will and testament of Sarah Ogden Wade, deceased, and he prays that the will be construed in respect of the devise, and that it may be declared what estate passed by the devise to the said Louise Delannoy Harrison, and what estate was conveyеd by her to him. In Hoe v. Hoe, 84 N.J. Eq. 401, it was held that chancery had not jurisdiction to сonstrue a will, where the question is purely one involving the legal title to land. Hoagland v. Cooper, 65 N.J. Eq. 407. Since that decision, the seventh section of the supplement of the Chancery act (P.L. 1915p. 184) provides:
“Decree to declare rights. Subject to rules, any person claiming a right cognizable in a court of equity, under a deed, will or other written instrument, may apply for the detеrmination of any question
The cоmplainant claims no equitable right under the will or his deed, “сognizable in a court of equity,” and his bill does not come within the purview of that act. Snyder v. Taylor, 88 N.J. Eq. 513.
In 1924 the legislature passed “An аct concerning declaratory judgments and decrees” (P.L. 1924 p. 312), which provides:
“1. Courts of record within their respective jurisdictions shаll have power to declare rights, status and other legal relations whether or not further relief is or could bе claimed. No action or proceeding shall bе open to objection on the ground that a declaratory judgment or decree is prayed for. The dеclaration may be either affirmative or negativе in form and effect, and such declarations shall have the force and effect of a final judgment or decree.
“2. Any person interested under a deed, will, written cоntract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract оr franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise, and obtain a declarаtion of rights, status or other legal relations thereunder.”
This act confers jurisdiction on the law and equity courts to dеclare rights of parties in such matters only as the courts respectively would, otherwise, have jurisdiction ovеr if the rights were ripe for relief. The question upon which a judicial declaration is sought does not come under any recognized head of equity jurisdiction. It relates tо the legal title to land, and is cognizable at law only. Thropp v. Public Service ElectricCo., 84 N.J. Eq. 144. Equity сan no more declare purely legal rights than a court of law can declare equitable rights. The statute plainly reads that the courts, “within their respective jurisdictions,” i.e., each within its own jurisdiction, may give declaratory judgments and decrees.
The bill will be dismissed.