Hesketh v. Murphy
Supreme Court of New Jersey
On appeal from a decree of the chancellor, whose opinion i& reported in Hesketh v. Murphy, 8 Stew. Eq. 88. The will of William S. Malcom, dated December 18th, 1871, after creating certain trusts in favor of his wife Ac., contained the following clauses, viz.: “And after the death of my said wife, I hereby empower-and direct my said trustees or trustee for the time being of this my will, to employ the annual income of the said moneys so invested, and from time to time to be…
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On appeal from a decree of the chancellor, whose opinion i& reported in Hesketh v. Murphy, 8 Stew. Eq. 88. The will of William S. Malcom, dated December 18th, 1871, after creating certain trusts in favor of his wife Ac., contained the following clauses, viz.: “And after the death of my said wife, I hereby empower-and direct my said trustees or trustee for the time being of this my will, to employ the annual income of the said moneys so invested, and from time to time to be invested, for the relief of the most deserving poor of the city of Paterson aforesaid forever, without regard to color or…
1Opinion of the Court
*305The opinion of the court was delivered by
Beasley, C. J.
This bill has been exhibited by the sister of William S. Malcom, deceased, for the purpose of obtaining a judicial construction of those certain clauses of his last will which are prefixed to this opinion. The testamentary provision thus put to the test is a charitable bequest, and the view which the counsel of the complainant pressed upon the court was, that such bequest is void, on the ground of its indefiniteness with respect to its objects.
Upon recurring to the language of that portion of the will which is thus impugned, it will be…
2Cases cited2 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- White v. FiskSupreme Court of Connecticut · 1852
3Cited by11 opinions
- Mirinda v. KingNew Jersey Superior Court Appellate Division · 1951
- Rowe v. RoweNew Jersey Court of Chancery · 1933
- Cinnaminson, C., Assn. v. Fidelity-Phila., C.New Jersey Court of Chancery · 1948
- Wendell v. Hazel Wood CemeteryNew Jersey Superior Court Appellate Division · 1949
- Sheen v. SheenNew Jersey Court of Chancery · 1939
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