Dayton v. Adkisson
New Jersey Court of Chancery
On final hearing, on pleadings and proofs taken before the court. This is a bill in the nature of an interpleader by the heir at law of a devisee in trust of real estate, asking for direction to whom he shall convey the trust estate. Perry Adkisson, the testator and devisor, was lost at sea in or about the year 1875. He left two children, twins, John Wesley Adkisson and Margaret Ann Adkisson, aged about five years, the children of a woman with whom he had been cohabiting..
Read the full summary
On final hearing, on pleadings and proofs taken before the court. This is a bill in the nature of an interpleader by the heir at law of a devisee in trust of real estate, asking for direction to whom he shall convey the trust estate. Perry Adkisson, the testator and devisor, was lost at sea in or about the year 1875. He left two children, twins, John Wesley Adkisson and Margaret Ann Adkisson, aged about five years, the children of a woman with whom he had been cohabiting.. John Wesley Adkisson died in 1876, and the mother in February, 1877. The testator and the mother lived together…
1Opinion of the Court
Pitney, V. C.
The question is, to whom shall the trustee convey the lot which by the will he was directed to convey to John Wesley Adkisson. The sister, Margaret Ann Adkisson (now, by marriage, Gibson). claims it on three grounds.
First She claims that the proofs show that her father and. mother were married, and that she and her brother were born in wedlock; and she accounts for the language in her father’s will by the fact that her mother was entitled to a pension during her widowhood, and desired the marriage to be concealed in order to-enable her to continue to draw her pension.
Second. She…
2Cases cited3 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Miller v. . MillerNew York Court of Appeals · 1883
- Wilson v. WilsonSupreme Court of Pennsylvania · 1811
3Cited by5 opinions
- In Re FinkenzellerNew Jersey Superior Court Appellate Division · 1929
- Frey v. NielsonNew Jersey Court of Chancery · 1926
- Greaves v. FogelNew Jersey Superior Court Appellate Division · 1951
- In Re Estate of SpanoSupreme Court of New Jersey · 1967
- Kowalski v. WojtkowskiSupreme Court of New Jersey · 1955