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Orcutt v. Hoyt

Decided: December 11, 1950.

BRENT GOOD ORCUTT, PLAINTIFF-RESPONDENT,
v.
ANNA ORCUTT HOYT AND BARBARA M. COLWELL, INDIVIDUALLY, AND HENRY H. HOYT, DONALD R. BALDWIN AND CURTIS COLWELL, EXECUTORS OF THE LAST WILL AND TESTAMENT OF KATE GOOD ORCUTT, DECEASED, DEFENDANTS-APPELLANTS



On appeal from the Superior Court, Chancery Division, Essex County.

For affirmance -- Chief Justice Vanderbilt, and Justices Case, Heher, Oliphant, Burling and Ackerson. For reversal -- Justice Wachenfeld. The opinion of the court was delivered by Case, J.

Case

The appeal is from a judgment in the Superior Court, Chancery Division, Essex County, and comes to us on our own motion.

In the estate of Kate Good Orcutt, deceased, were two rings inventoried as follows:

"(1) Platinum Ring

Set with Marquise Diamond

Weighing Approximately

4.5 carats $2,250.00

"(2) Gold Ring

Set with Solitaire Diamond

Weighing Approximately 1.50

carat (Diamond is 'Old-Mine-

Cut,' and of poor quality

and imperfect) 300.00"

The litigation had but one issue, stated thus in the pretrial order:

"The sole question for determination is which of the aforesaid two rings was bequeathed to the plaintiff in Article 'Second' of the Last ...


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