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Prerogative court

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In English law

A court established for the trial of ali testamentary causes, where the deceased left bono motabilia within two different dioceses; in which case the probate of wills belonged to the archbishop of the province, by way of special prerogative. And all causes relating to the wills, administrations, or legacies of such persons were originally cognizable herein, bsfore a judge appointed by the archbishop, calied the "judge of the prerogative court," from whom an appeal lay to the privy council.

3 Bl. Comm. 66; 3 Steph. Comm. 482.

In New Jersey the prerogative court is the court of appeal from decrees of the orphans' courts in the several counties of the state. The court is held before the chancellor, under the title of the "ordinary."

See In re Coursen's Will, 4 N. J. Eq. 413; Flanigan v. Guggenheim Smelting Co., 63 N. J. Law, 647, 44 Atl. 762; Robinson v. Fair, 128 U. S. 53 , 9 Sup. Ot. 30, 32 In Ed. 415.