Appeal of O'Callaghan
| Citation | 64 N.J.E. 287,51 A. 64 |
| Parties | Appeal of O'CALLAGHAN. |
| Decision Date | 03 January 1902 |
| Court | United States State Supreme Court (New Jersey) |
(Syllabus by the Court.)
Appeal from orphans' court, Hudson county.
In the matter of the appeal of Edward A. O'Callaghan. Reversed.
Warren Dixon, for appellant.
Marshall W. Van Winkle, for respondent.
MAGIE, Ordinary. This is an appeal from an order of the Hudson county orphans' court, dated. May 17, 1901, whereby appellant, as administrator of Thomas C. O'Callaghan, was directed to pay forthwith to one John C. Gallagher $2,000, with interest from January 1, 1901. The order recites that Gallagher, the respondent presented a petition to the orphans' court praying such an order as was made; that a rule to show cause was issued thereon, and personally served on the appellant; that appellant appeared on the return day, and his proctor was heard by the court; and that "the facts in the petition being taken as true by the consent and agreement of the said administrator [the appellant] in open court," the court was of opinion that the petitioner was entitled to the relief prayed. No evidence was taken by the court, and the proctor of appellant who appeared asserts that it was not agreed by him or his client that the facts stated in the petition were true, or that they should be taken as true, except that he submitted an argument to the court against its jurisdiction even if the facts were deemed to be true. I am not at liberty to disregard the recitals of the order appealed from, and I know of no way in which the truth of the recitals may be impeached in this novel proceeding. The appeal has therefore been considered as if the order had been made upon appellant's admission of the truth of the facts set out in the petition. But if those facts, as admitted, do not disclose any jurisdiction in the orphans' court to make the order in question, appellant, who is aggrieved thereby, may avail himself of that objection to the order upon his appeal. The petition presents a novel question. The whole of the facts stated therein need not be recited. It is sufficient to say, in order to disclose the grounds of my conclusion, that the petition sets forth that the intestate, of whom appellant is administrator, at the request of respondent gave a bond to a third person for $2,000, conditioned for the payment of that sum if the respondent did not pay certain obligations which he had given to that person, and that respondent thereon gave to the intestate $2,000 in cash to secure him as against...
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In re Fulper's Estate
...a trust in his favor as against a portion of the apparent assets of the decedent in the hands of the representative (In re O'Callaghan, 51 A. 64, 64 N. J. Eq. 287); nor a claim by an alleged donee inter vivos of title to a portion of the apparent assets of the estate as against the executor......
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Middlesex County Welfare Bd. v. Motolinsky
...decedent in the hands of the representative was declared to be extraneous the jurisdictional orbit of the Orphans' Court. O'Callaghan's Appeal, 64 N.J.Eq. 287, 51 A. 64. Similarly, a claim by an alleged donee who asserted a title to a portion of the assets of the estate by virtue of an inte......
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Titus v. Miller
...42 N.J. Eq. 639, 9 A. 719; In re Thurston, 104 N. J.Eq. 395, 145 A. 110. See Cooley v. Vansyckle, 14 N.J.Eq. 496; Appeal of O'Callaghan, 64 N.J.Eq. 287, 51 A. 64; Seward v. Kaufman, 119 N.J.Eq. 44, 180 A. It is my conclusion that the facts and circumstances warrant the relief the complainan......