Security Trust Co. v. Lovett
New Jersey Court of Chancery
On bill, answer and agreed state of facts. Tb.e bill is filed to procure a construction of the will of James Kennedy, deceased.
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On bill, answer and agreed state of facts. Tb.e bill is filed to procure a construction of the will of James Kennedy, deceased. The material provisions of the will are as follows: “Second Item. — I give, devise and bequeath all my estate both real, personal and mixed, of whatsoever name and nature wheresoever situate or to be found, of which shall belong to or be owned by me at the time of my death unto my beloved wife Margaret, to have and to hold the same during the term of her natural life. “Third Item. — That after the decease of my said wife Margaret, it is my will that my executors…
1Opinion of the Court
Leaming, V. C.
By the second paragraph of the will the property of testator is given to his wife for life, and' by the third, paragraph a sale of *448the property is ordered to be made, at the decease of the widow, and the proceeds of the sale divided among testator’s eleven children and four grandchildren, each child taking one share and the four grandchildren taking the share of the deceased child.
The present controversy arises from the circumstance that after unqualifiedly directing payment to be made to his eleven children, testator, by the fourth paragraph of his will, provided that should…
2Cases cited2 opinions
- Hoppock v. . TuckerNew York Court of Appeals · 1874
- Stedman v. PriestMassachusetts Supreme Judicial Court · 1869
3Cited by32 opinions
- Mayhew's EstateSupreme Court of Pennsylvania · 1931
- Barrett v. BarrettNew Jersey Court of Chancery · 1943
- Traverso v. TraversoNew Jersey Court of Chancery · 1926
- Wyeth v. CraneIllinois Supreme Court · 1931
- In Re FislerNew Jersey Superior Court Appellate Division · 1942
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