85 N.J. Super. 220 - In Re Small’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is obvious that if petitioners can move to vacate a judgment of probate on the grounds of undue influence or lack of mental capacity of the testator, under subsection (f) of [R. 4:50-1 J, there would be no reason for promulgation of [R. 4:85-1], and the time limitation to appeal from such judgment — [four] months after its entry in the ease of residents and six months for non-residents — would be meaningless. In promulgating rules of practice it was not intended to have one rule rendered meaningless by another. Hodgson v. Applegate, 31 N.J. 29, 37 , 155 A.2d 97 (1959). [In re Small, supra, 85 N.J.Super. at 225 , 204 A.2d 368 .]”

   1 later decision quote this exact passage · from the majority
   e.g. 385 N.J. Super. 37 - In re the Estate of Schifftner

2. “[R 4:50(f)] cannot provide a basis for relief in this case. Subsection (f) contemplates exceptional, extraordinary and compelling grounds for relief which do not fall within those which could be asserted under the provisions of [R. 4:85-1.] [Ibid,]”

   1 later decision quote this exact passage · from the majority
   e.g. 385 N.J. Super. 37 - In re the Estate of Schifftner