Opinion

Brown v. Fidelity Union Trust Co.

  • 128 N.J. Eq. 197
  • 15 A.2d 788
  • 1940 N.J. LEXIS 644
Court
Supreme Court of New Jersey
Filed
Oct 10, 1940
Status
Published
On the bench
PER CURIAM.
Cited by
9 cases
Authority
More cited than 62.9%

The opinion

Per Curiam.

The facts, which appear in the opinion filed in Chancery, bring the case well within the rule stated by this court in

Filley

v.

Van

Dyke,

75 N. J. Eq. 571:

“The assumption of jurisdiction by Chancery in cases where the Orphans Court has already entertained an accounting and has not completed it by a final decree thereon, rests in the sound judicial discretion of the former court, in view of such special circumstances as may be presented in the particular case; the question then being whether the circumstances show special cause for the interference of the court.” The circumstances showed special cause which brought the determination within the court’s discretion.

The motion to dismiss the appeal, decision heretofore reserved, is denied. The decree below will be affirmed.

For affirmance

— The Chieb-Justice, Parker, Case, Bodine, Dohges, Hehbr, Perskie, Porter, Dear, Wells, WolesKeil, Raeeerty, Hague, JJ. 13.

For reversal

— None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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