Dunham v. Marsh
| Decision Date | 18 March 1895 |
| Citation | 52 N.J.E. 831,31 A. 619 |
| Parties | DUNHAM v. MARSH. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from prerogative court; McGill, Ordinary.
Judicial settlement of the account of Daniel H. Dunham, administrator with the will annexed of the estate of Nancy W. Halsted, deceased, to which Albert R. Marsh filed exceptions. Prom an order of the ordinary (30 Atl. 473), affirming an order of the orphans' court, refusing to strike out exceptions, the administrator appeals. Affirmed.
John A. Miller, for appellant.
James E. Howell, for respondent.
The appellant having presented his final account to the Hudson orphans' court, the respondent, as next of kin of the testatrix, filed exceptions to it. Thereupon the appellant moved to strike out the exceptions, on the ground that the next of kin was not "interested in the settlement of the account." Orphans' Court Act (Revision, p. 775, § 105). On examining the will and codicils of the testatrix, there appears to be at least a fair question whether she did not die Intestate as to part of her property. If she did, her next of kin will be entitled to that portion. This question ought not to be decided upon a motion to strike out exceptions to the account One object of such exceptions is to secure a correct ascertainment of the amount of property remaining for distribution among those who may ultimately be found entitled to It; and therefore every person who can present a claim worth considering upon the final distribution Is Interested in the settlement of the account, and should be permitted to compel a full and accurate accounting. Williams, Ex'rs, pp. 975, 2057; 7 Am. & Eng. Enc. Law, 421, note. This exceptant certainly had such a claim, and therefore the court rightly maintained his standing as a litigant The order under review should be affirmed.
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In re Herrmann's Estate
...is interested in the settlement of the account, and should be permitted to compel a full and accurate accounting." Dunham v. Marsh, N.J.Err. & App, 52 N. J.Eq. 831, 31 A. 619. The exceptant certainly has such a claim, it being in the petition of the accountant which accompanied his account ......
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Vaughan v. Vaughan
...would be without jurisdiction to pass upon them. And Dunham v. Marsh, 52 N.J.Eq. 256, 30 A. 473, affirmed by the Court of Errors and Appeals, 52 N.J.Eq. 831, 31 A. 619, said in part: ‘An orphans' court may determine any question incidentally and necessarily involved in the due exercise of i......
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In re Herrmann's Estate, 234.
...the circumstances presented, this motion was properly denied. She had an interest in the estate, if the will was valid. Dunham v. Marsh, 52 N.J.Eq. 831, 31 A. 619. In the accounting proceedings, she was made a party and her exceptions being well taken it was too late for the accountant to s......