Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1899-05-04
Court Notes.

404FA tN3tV1s
At a session of the Common Pleas Court
last Friday, Judge Jessup presiding. pc
tition was presented by Aaron Wright Of
Snow Hill, Camden county, asking that
certain moneys claimed to have been paid
TO ex-Surrogate W. H LivermOre 10 1873
from the estate Of Henry B Wright, be
paid to him. The matter was laid over
two week.
The transfer of license for Paurs hotel
from Emma D. Davis TO Sarah E. Paul was
granted.
Robert s. Clymer presented the fnai &C
counts 10 the Orphans Court OF G. Selden
johnson, executor of Mary Shott, deceased
Prosecutor Starr asked for bench war
rant for Robert Johnson Hho was convicted
of assault and battery on his wife, April
II, 1896, aud on whom sentence was sus.
pended. johnson having since been in
dicied in Atlantic county, the motion was
granted.
An application was made by A. FL.
Swack hamer representing one of the credi-
tors of Sarah W Budd, deceased, that the
administrators be made TO file an account
The matter was laid over till May term.
To the matter of the estate of David g.
Patterson, d. O. Watkins presented the
final account of Harry Sharp. administrator
and asked for decree of insolvency, The
account was approved.
To the matter of the estate of Mary
Clement, D o Watkins presented the pc
tition of E. C. Leeds, administrator, asking
for rule to sh " cause why so much OF
her real estate should not be sold to pay
debts. The petition was granted.
WILL CONTEST.
The contest over the will of Theo. Schur-
man, of Franklin township, was concluded
last Friday. The facts in the case are
these: Schurman, quite an old man,
bought a little property near franklin
willie some time ago, and occupied it alone.
His near neigbboT was VIM. T. Dick and
wife. In the Winter Schurman was taken
sick, and Mr.. and Mrs. Dick gave him
considerable attention, and finally he
became such a charge that they took him
to their own house. During the latter
portion of his illness he sent for ex-Judge
Jones, and asked him to prepare will,
saying he had a will in Philadelphia, but
desired to compensate Mr.. and Mrs Dick
for their kindness and attention to him, by
leaving them his home there, otherwise
the will to be like that in Philadelphia, by
which nephew named Gertzen was sole
legatee. The will was prepared the same
day By Mr.. Jones' son, Wilson, who took
it t. Mr. SchuTman's house for hisapproyal
He approved and signed it, 10 the presence
of witnesses. There being no table in the
room, the witnesses went to an adjoining
room and affixed their names as with esses.
Gertzen, the nephew, and principal lega.ee
was present, and was one OF the witnesses.
Both wills were offered for probate. The
defect in the last will @as that the wit
nesses did not sign in the presence of the
testator. Judge Jessup has decided that
the action was contrary to the statute, and
fatal to its legality, hence has decided in
favor of the first will. Ex-Judge Clymer
represented Dick and Mr.. Bacon, repre-
sented Mr. GerizeD.
SUPREME COURT.
A decision by the Supreme Court last
Monday is of general interest. 1t is in the
case OF Michael GilhOoiy against the
Hudson County Board of Freebolders.
Giihooly sought TO be reiDstated as super
intendent of the Newark avenue bridge.
under the veteran act Justice Dixon says
the construction of the veteran act was
settled by the decision of the Court of
Errors in Hardy vs. City of Orange. Ac-
cording to that case, when the term of a
municipal position is not otherwise fixed
by law, the appointing power may limit
the duration of the right of incumbency
by making the appointment for specified
period, and after that period an appOintee,
who is a veteran Union soldier or sailor.
has no more right to the position than any
other appointee would have. Gilhooly was
named as bridge superintendent for term
ending on the first Monday in December,
1898, and the Court holds that he has no
legal claim to reinstatement.