Croake v. Summit Trust Co.

• Decision Date: 31 January 1936
• Docket Number: No. 152.,152.
• Citation: 182 A. 869
• Parties: CROAKE et al. v. SUMMIT TRUST CO. et al.
• Court: New Jersey Supreme Court

182 A. 869

CROAKE et al.

v. SUMMIT TRUST CO. et al.

No. 152.

Court of Errors and Appeals of New Jersey.

Jan. 31, 1936.

Appeal from Court of Chancery.

Proceeding by Agnes Croake and another against the Summit Trust Company and others. From an adverse decree, complainants appeal.

Affirmed.

Saul J. Zucker, Jacob L. Newman, and Lionel P. Kristeller, all of Newark, for appellants.

Williams & Williams and Conover English, all of Newark, for respondents.

PER CURIAM.

The complainants sought to establish the lost will of Mabel V. Marshall and a decree that the deceased and her sister, who died before her, had executed mutual and reciprocal wills which could not be revoked. Mabel committed suicide some time after the death of her sister, who had been her inseparable companion.

This court does not lightly disturb findings of fact, and particularly when they are supported by the proofs. It seems clear to us from the record that there was no binding agreement between the sisters not to revoke their respective wills; nor can we say that the presumption of the revocation of Mabel V. Marshall's will was overcome by the evidence. The will was left in her hands and could not be found at her death. The learned Vice Chancellor ruled certain declarations by the intestate as inadmissible under the Evidence Act (section 4, as amended (N.J.St.Annual 1931, § 70—4), but nevertheless he considered them in making his determination and found they established nothing in favor of the complainants. If the testimony should have been admitted, and we think it should not, the complainants were not injured.

The decree appealed from is affirmed, with costs.

For affirmance: The CHIEF JUSTICE, Justices LLOYD, CASE, BODINE, DONGES, HEHER, and PERSKIE, and Judges HETFIELD, DEAR, WELLS, WOLFSKEIL, and RAFFERTY—12.

For reversal: None.