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CLEVELAND v. CREED

3 N.J. Super. 213 (1949)

66 A.2d 195

JAMES W. CLEVELAND, CAVEATOR-APPELLANT, v. MABEL CREED, PROPONENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1949.

Attorney(s) appearing for the Case

Mr. Theodore D. Parsons (Mr. Klemmer Kalteissen, attorney) argued the cause for the caveator-appellant.

Mr. Dougal Herr argued the cause for the proponent-respondent.

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

The Union County Orphans' Court, after a vigorous contest, admitted to probate the last will and testament of Harriet W. Cleveland, deceased, and ordered the contestant, James W. Cleveland, to pay the costs and expenses of the proponent, including a counsel fee of $5,000. He appeals from so much of the decree as charges him with the expenses of the litigation.

It was the ancient rule, where probate...

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