In Re Horton's Estate. Gay v. Fid. Union Trust Co.
| Decision Date | 24 January 1949 |
| Docket Number | No. 82.,82. |
| Citation | 65 A.2d 60 |
| Parties | In re HORTON'S ESTATE. GAY v. FIDELITY UNION TRUST CO. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Appellate Division.
Proceeding in the matter of the estate of Inez S. Horton, deceased, by Inez Horton Gay against Fidelity Union Trust Company, executor, etc. From an adverse judgment, the plaintiff appeals. On respondent's motion to dismiss appeal.
Motion granted.
Inez Horton Gay, pro se.
Riker, Emery & Danzig, of Newark (Charles W. Kappes, Jr., of Newark, of counsel), for respondent.
Motion is made to dismiss the appeal from the final judgment of the Appellate Division of the Superior Court in the above entitled cause as not taken within time. The judgment was entered in the office of the Clerk of the Superior Court on October 13, 1948. Notice of appeal therefrom to this court was filed December 3, 1948. Rule 1:2-5 requires such an appeal to be taken within 45 days after the entry of the judgment appealed from. The present appeal is therefore out of time and Rule 1:7-9 provides that the time for taking an appeal may not be extended.
The motion to dismiss the appeal is granted.
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Martindell v. Martindell
...rules, as originally adopted, the time for taking an appeal could not be extended under any circumstances. See In the Matter of Estate of Horton, 1 N.J. 571, 65 A.2d 60 (1949), certiorari denied Gay v. Fidelity Union Trust Co., 337 U.S. 945, 69 S.Ct. 1502, 93 L.Ed. 1748 (1949); In re Pfizer......
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Pfizer's Estate, In re
...extended, Rules 1:7--9 and 4:1--10, has been demonstrated by us in a number of decisions. In the matter of the Estate of Inez S. Horton, deceased, 1 N.J. 571, 65 A.2d 60 (1949); Korfin v. Continental Casualty Co., 5 N.J. 154, 74 A.2d 312 (1950); Winberry v. Salisbury, 5 N.J. 240, 74 A.2d 40......
- Evans v. Rosenberg
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Korfin v. Continental Cas. Co., A--140
...45 days. The time fixed by the rules within which an appeal must be taken cannot be relaxed. Rules 4:1--10 and 1:7--9; In re Horton's Estate, 1 N.J. 571, 65 A.2d 60 (1949). We think, however, under the foregoing circumstances, this notice of appeal should have been marked filed February 4, ......