Open main menu
Court Documents
Opinion of the Court
Concurrence/Dissent
Sullivan
Pashman


SUPREME COURT OF NEW JERSEY

70 N.J. 254, 359 A.2d 474

Howard C. NEWMAN, Plaintiff-Respondent,  v.  Arthur D. CHASE and Dorothy A. Chase, Defendants-Appellants.

 Argued: Nov. 3, 1975 --- Decided: May 18, 1976

Plaintiff, who purchased all of bankrupt husband's interest in home owned by husband and his wife as tenants by the entirety, brought action against husband and wife seeking partition of the estate for the joint life of the husband and wife. The Superior Court, Chancery Division, ordered partition, and while appeal of husband and wife was pending unheard in the Appellate Division, motion of husband and wife for direct certification was granted. The Supreme Court, Mountain, J., held that by purchasing husband's interest in home from trustee in bankruptcy, plaintiff obtained husband's interest as tenant in common for the joint lives of the husband and wife and interest husband would have come into if he survived his wife, that in view of equitable considerations, partition would not be granted, and that wife's conduct in excluding plaintiff from property amounted to an ouster, so that plaintiff was entitled to an accounting for one-half the imputed rental value of the house less expenses.

Reversed and remanded.

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).


Nuvola apps important.svg
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.