The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-04-21
RELEASE A FRAUD
Mrs. Mullaney Obtains Her
Dover Rights--Vice Chan
cellor Stevens Opinion.
Especial 10 orhe Jersey city Newa.,,l

Special to The Jersey City News.
TRENTON, April n, Iso2.-The release
by which Mrs. Pauline E. Mullaney Of
Newark signed away for $500 her interest
in the estate of her conmon-law husband.
Michael Muilaney valued at upwards Of
$4,000, was set aside in an opinion filed
by Vice-Cnancellor Stevens on Saturday
The Chancellor finds that the re-
lease was secured by fraud, in which the
other heirs-at-law of Mullaney were inn
plicated, and orders the reinstatement OF
the widow as regards her dover rights in
the property.
Mullaney was a Hudson county politi-
cian, and was for many years Postmas-
ter of Bayonne. He died in 1899, and had
not lived with Mrs Mullaney for twensssf
years before that. There was never
formal marriage, but Mrs. Mullaney
claims that it was agreed between lem
July 4, 1882 that they should become man
and wife. The yice-Chancellor finds tha-
the relations between the two was matri-
moniai, and not meretricious, and says
it was not contradicted that for twenty
years after making the compact tney iiy-
ed together in Bayonne. Then the woman
left Mullaney on account, she said, of his
cruel treatment. and for twenty years has
been living in Newark and supporting
herself
Mrs. Mullaney applied for letters Of adj
mnistration, the application being Or
posed by Mullaney's heirs. who then OBJ
tanned the release referred to, offered It
in evidence and secured favorable judg
ment in the Orphans Court of Hudson
county, despite the Widows efforts TO
prove it was procured by fraud On the
day of Mullaney's funeral the widow was
approached by Alexander Martin, who
represented himself as an auctioneer ard
collector and, after advising Mrs. Null
laney on several matters, directed her 10
William Saiter, a Jersey City lawyer.
Later Martin called on the woman and,
informing her he had been sent by Salter.
secured the release, which was produced
IN court without Salter having even been
informed that any such paper had been
signed by his client
The Vice Chancellor expresses the be-
lief that Martin was playing in with both
sides and that he finally secured the re-
lease because he expected to get more
from the other heirs than from Mrs. Null
laney. Referring to Martins part in the
affair, the Vice Chancellor says
ITO suppose that Martin, a horse dealer
and auctioneer, was so moved by Mrs.
Mullaney's tears and entreaties that he
was compelled to take course which he
knew was contrary to her peeuniary in
terests. and his own as well, in a case in
which he admits he believed to be a good
one. and to take this action so hastily
that he did not find time to consult her
own counsel, who lived in the same town
with him, quite transcends belief. CHAT
he is unserupuleus appears from his own
evidence; that he is unworthy of belief
appears from the testimony of his neigh
bors''
1t was claimed by counsel of Mullaney's s
kinsmen that the Court of Chancery was
without Jurisdiction, inasmueh as the case
had already been disosed of by the Or
phans' Court, and this leads the Vice
Chancellor to make the following general
observations on the subject of jurisdic-
tom
"The jurisdiction of the Orphans Court
is limited to those matters which have by
statute been eondded 10 it. It has no in
herent Jurisdiction to decide whether the
release Of lands or personal property IS
voidable for fraud The utmost that can
be claimed is that it may determine ques-
tions of law and equity, the decision of
which is necessary to the decision of some
other matters expressly committed to it,
just as this court may decide legal ques-
tions when they arise incidentally or COL
laterally in a suit rightly instituted for
equitable relief