Legal Opinion

Scarborough v. Scarborough

New Jersey Court of Chancery

Decided December 6, 1943No. Docket 139/106PublishedCited by 9 opinions

1Opinion of the Court

Complainants are the executors of the estate of Hiram Edwin Scarborough, late of North Plainfield, Somerset County. By their bill they seek a construction of certain provisions of their decedent's will.

The first question: Does the will vest testator's son Paul with an estate in fee-simple in an undivided half of testator's realty, as tenant in common with his brother Irving or with trustees under the will? This question is prompted by the unconventional arrangement and the awkward phraseology of the will. The instrument, it is conceded by all parties in interest, was drawn by the testator, a…

2Cases cited31 opinions

  1. Noice v. SchnellSupreme Court of New Jersey · 1927
  2. McGill v. Trust Co.New Jersey Court of Chancery · 1923
  3. Peer v. JenkinsSupreme Court of New Jersey · 1928
  4. Camden Safe Deposit & Trust Co. v. ScottSupreme Court of New Jersey · 1937
  5. Byrne v. ByrneNew Jersey Superior Court Appellate Division · 1938

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3Cited by9 opinions

  1. Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
  2. Bottomley v. BottomleyNew Jersey Court of Chancery · 1944
  3. In Re Klein's EstateNew Jersey Superior Court Appellate Division · 1955
  4. Guaranty Trust Co. v. Catholic, C., N.Y.New Jersey Court of Chancery · 1948
  5. Herschberg v. Director, Division of TaxationNew Jersey Tax Court · 1981

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