Cochran v. Elwell
New Jersey Court of Chancery
On bill for construction of will, and direction to administrator ■cum testamento annexo. Jason Elwell died in-'Ju'ne, 1882, having made his last will ■on August 25th, 1880, by which, among other things, he provided as follows:' “3d.
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On bill for construction of will, and direction to administrator ■cum testamento annexo. Jason Elwell died in-'Ju'ne, 1882, having made his last will ■on August 25th, 1880, by which, among other things, he provided as follows:' “3d. I order my executor .hereinafter named, to sell all my real estate that I may die seized with, within one year after .my decease, and place the pro-ceeds that may arise, from such sale (together with all the remainder of my personal property of every kind and description, howsoever found or situate),, at interest, .and the whole oi; saij interest, less expenses…
1Opinion of the Court
The Chancellor.
The general scheme of Jason Elwell, evinced by his will, was, that all his estate should be converted into money and invested by his executor upon proper interest-bearing security, and that, out of the income, the taxes upon the funds invested, together with the expenses of the trust, should be first paid, and that then the remainder of the income should be paid to his wife during her life. The wife was to have power to dispose of the principal of the trust fund by her will, within a certain class of persons— her children and grandchildren. To the point where the testator…
2Cited by3 opinions
- Brown v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1939
- Lundie v. WalkerNew Jersey Court of Chancery · 1939
- In Re Estate of FlynnNew Jersey Superior Court Appellate Division · 1961