Matthews, Robert A.

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Seton Hall University Libraries

JUDGE ALFRED C. CLAPPA Tribute to Alfred C. Clapp(1903 - 1988)Honorable Robert A. Matthews*On May 23rd, 1988, Alfred C. Clapp died at the age ofeighty-four survived by his wife, Catharine, four sons, and sevengrandchildren. Surviving as well is an extraordinary list of hisaccomplishments for the public good, not only as a judge, butalso in the many other services he performed during his amazingcareer.A lifetime resident of Essex County, Judge Clapp grew up inEast Orange and later moved to Montclair. He graduated fromthe University of Vermont in 1923 and from the Harvard LawSchool in 1927.During the 1930s, he began his long and close relationshipwith the late Arthur T. Vanderbilt. He joined the Essex CountyClean Government Republican movement which had beenfounded and led by Vanderbilt.In 1929, Judge Clapp began what was to become a long ca-reer of teaching law when he joined the faculty of Mercer BeasleySchool of Law. That school eventually became a part of the Uni-versity of Newark and then the Rutgers University School of Lawin Newark. His career at the law school culminated in his selec-tion by the trustees of the school as dean in 1951. He resigned asdean in 1953 to accept an appointment as judge of the SuperiorCourt of New Jersey.Judge Clapp served as deputy surrogate of Essex Countyfrom 1939 to 1947. He came to that office with a state-wide rep-utation as an expert in the law of wills, trusts and the administra-tion of estates. He wrote and published Wills and Administration inNew Jersey in 1937, a work which has gone through several revi-sions and is still presently published by West PublishingCompany.In 1943, Judge Clapp became editor of the New Jersey LawJournal, serving in that position until he resigned to become asuperior court judge. He again became editor in 1970 and* The author was a judge in the New Jersey court system from 1960-1965. Atthe time of his retirement, he was presiding judge for administration of the Appel-late Division of the Superior Court of NewJersey. He clerked forJudge Clapp andwas associated with him in the practice of law from 1949-1953.SETON HALL LA W REVIEWserved until 1984 when he became chairman emeritus of the edi-torial board.In 1947, and again in 195 1,Judge Clapp was elected senatorfrom Essex County. During his tenure he served as majorityleader and as chairman of the Advisory Committee on the Revi-sion of Statutes. That committee was charged with revising Ti-tles 2 and 3 of the Revised Statutes to bring them into conformitywith the newly adopted New Jersey State Constitution of 1947.As chairman, he coordinated the work of more than one hundredlawyers throughout the state who served as draftsmen. More-over, during his terms in the legislature he sponsored our state'sfirst anti-discrimination laws.When Governor Driscoll convened the 1947 constitutionalconvention, Judge Clapp was one of the delegates from EssexCounty. His principal contribution was as the architect of the Ju-dicial Article of the Constitution. Under the article, the rule-making power was vested in the supreme court. Judge Clappdrafted a vast majority of those rules, and when the court createda formal committee for the review and revision of the rules,Judge Clapp became its first chairman, a position which he helduntil his death.Judge Clapp became a judge of the superior court in 1953and served as presiding judge of the appellate division of thatcourt until he resigned in 1958. His work on the court was distin-guished and scholarly. If one had the difficult task of singling outhis major contribution as ajudge, it might be the impetus he gavetoward establishment in New Jersey of the doctrine of probableintent in the construction of wills. His concurring opinion in In reKlein's Estate,' created the doctrine that reached fruition in FidelityUnion Trust Co. v. Robert.' Note the spare, cogent and incisive rea-soning for the point in question:The critical question in this case, as above stated, is whatshould be the standard of proof here. I think Lord Eldon'srule and the rule calling for clarity are too strongly stated. Inmy view the criterion should be simply probability; a provisionshould be implied if we are of the opinion that in allprobability the testator actually intended that very provision.Such a standard produces a far more just result, than if wewere to refuse to make any implication at all. We extend ourefforts, as we ought, toward effectuating the testator's inten-1 36 N.J. Super. 407, 415 (App. Div. 1955) (Clapp, J., concurring).2 36 NJ. 561 (1962).[Vol. 19:171A TRIBUTE TO ALFRED CLAPPtions. But-and this is the heart of the matter-the resultreached does not, I think, do any violence to the overridingpolicies of the Statute of Wills which require the testator's in-tentions to be integrated into the paper propounded. For wederive a probability as to his designs from the very words onthat paper.3After leaving the court, he joined Jerome Eisenberg in the prac-tice of law. Under their leadership, the firm of Clapp & Eisenberggrew and flourished and is generally regarded as one of the leadingfirms in the state.Throughout all of these activities, except for the five years onthe bench, Judge Clapp was an active, practicing lawyer.The quintessential trait evident in Judge Clapp's accomplish-ments was his swift and sure dispatch of the subject at hand, unlessthe philosophical depth of the subject required a more deliberateresponse. More broadly, if one were to ask anyone associated withhim as a jurist, legislator, editor, author, teacher or lawyer, to de-scribe the qualities that best portray him, the response would bevaried, but related. One might cite his "draftsmanship"; another"his drive"; others, "the speed with which he worked," or "hisboundless energy," or his "prodigious memory." These relatedqualities were evident in all his work.Those who knew him knew a sensitive, warm and intellectualperson. He was never over-bearing or arrogant. A fine teacher aswell as a scholar of the law, he dedicated his life to his profession.The citizens of New Jersey should be thankful for the generous giftof service he gave to us.3 In re Klein, 36 N.J. Super at 419-20 (Clapp, J., concurring).1731989]

A Tribute to Alfred C. Clapp (1903-1988)

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A Tribute to Alfred C. Clapp (1903-1988)

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