Home > Uncategorized > Smith Vs Axtell Et Al

Smith Vs Axtell Et Al

Source: “Smith Vs Axtell Et Al,” Genealogical Magazine of New Jersey 58[1983]:48.

THIS CASE in Chancery, reported in 1 NJE 494 (Ch. 1832), has the full title, “John SMITH, Administrator of Silas AXTELL, deceased, v. Samuel L. AXTELL, Henry AXTELL, and Charles ROFF and Phebe his wife.” — VIRGINIA ALLEMAN BROWN

Silas AXTELL of Mendham Township, Morris County, died in 1823, intestate (1989N), leaving a widow and several children, viz. Samuel, Henry, Amzi, Phebe wife of Charles ROFF, John, Jacob, and Jonathan, the last two being minors. He also left three grandchildren, the offspring of his daughter Mary, late the wife of Daniel THOMPSON III.

Silas left a farm of 160 acres in Mendham and a small personal estate to be administered by Henry and John AXTELL with Charles ROFF. The personal property was altogether insufficient to pay the debts of the decedent. The elder children, having been advanced in money and goods, agreed with the administrators, in writing, to account for the advancement made to them to save the real estate from being sold for payment of debts, and to do justice to the younger children who had received nothing from their father. John SMITH, a non-heir, was asked to assume administration of the estate.

The suit arose over several matters including the seeming loss of the agreement between the heirs and the former administrators, some irregularity in the handling of the administration, and credits for former advances to the older children. The court recommended the taking of more testimony.

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