Legal Opinion

West v. Rector

Supreme Court of New Jersey

Decided June 15, 1914PublishedCited by 11 opinions

On cross-appeals from a decree of the court of chancery advised by Vice-Chancellor Lewis, whose opinion is reported in 82 N. J. Eg. 5.I/.6.

1Opinion of the Court

The opinion of the court was delivered by

Parker, J.

So far as relates to the principal question in the cause, whether the case is one for the application of the principle of cy pres, we think the decree should be affirmed for the reasons given in the opinion of the vice-chancellor.

The point is now made that the fund in question never vested . in St. James’ Church, because Rufus T. West had a child who predeceased him and that this defeated the remainder to the church; but a glance at the language of the will makes it perfectly plain that the issue would take only in case of surviving the…

2Cited by11 opinions

  1. Thomas v. PeyserCourt of Appeals for the D.C. Circuit · 1941
  2. Mirinda v. KingNew Jersey Superior Court Appellate Division · 1951
  3. State v. RandSupreme Judicial Court of Maine · 1976
  4. Fidelity Union Trust Co. v. BirchNew Jersey Court of Chancery · 1936
  5. Imbrie v. SteenNew Jersey Court of Chancery · 1924

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