Kellogg v. Burnett
New Jersey Court of Chancery
Final hearing on bill, answers and replications. The bill in this case seeks a construction of the will of Oliver Smith, who died in 1875. The testator left him surviving two children, Emma L. Burnett, who is still living, and Stephen O. Smith, who died in 1906. Mrs. Burnett, the surviving child, has three children, Frederick M. Burnett, Anna Y. Canniff and Neville S. Burnett. Stephen O. Smith, the deceased son, left a widow, Alice M. Smith, and a daughter, Mary A. Smith.
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Final hearing on bill, answers and replications. The bill in this case seeks a construction of the will of Oliver Smith, who died in 1875. The testator left him surviving two children, Emma L. Burnett, who is still living, and Stephen O. Smith, who died in 1906. Mrs. Burnett, the surviving child, has three children, Frederick M. Burnett, Anna Y. Canniff and Neville S. Burnett. Stephen O. Smith, the deceased son, left a widow, Alice M. Smith, and a daughter, Mary A. Smith. The property in question consists of real and personal estate, the personalty being valued at upwards of $13,000, and the…
1Opinion of the Court
Howell, V. C.
The first question arising under this will is whether the period of distribution of any portion of the principal or any portion of the accumulated income of the testator’s estate has arrived. The first clause of the fourth item of the will appears to fix this period at a time “after the decease of my said two children.” This must be held to mean at the time of the death of the said two children, and, inasmuch as only one of the two children has died, it is my opinion that the period of distribution has not yet been attained.
This seems to have been the decision of this court in…
2Cited by10 opinions
- Wilhite v. WilhiteSupreme Court of Missouri · 1920
- Caldwell National Bank v. RickardNew Jersey Court of Chancery · 1928
- Hicks v. JonesNew Jersey Court of Chancery · 1946
- In Re Estate of CoryNew Jersey Superior Court Appellate Division · 1967
- In Re Estate of WehrhaneNew Jersey Superior Court Appellate Division · 1977
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