Outcalt v. Outcalt
New Jersey Court of Chancery
Under a testamentary direction that after the death of the testator’s wife the residue of his estate “ shall be divided among my several children, share and share alike; and in the event of any of my said children dying before my said wife and leaving issue them surviving, then such issue shall be entitled to and receive their parent’s share, the same as said parent would receive were he or she then living,” the children of a son who died in testator’s lifetime, and before…
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Under a testamentary direction that after the death of the testator’s wife the residue of his estate “ shall be divided among my several children, share and share alike; and in the event of any of my said children dying before my said wife and leaving issue them surviving, then such issue shall be entitled to and receive their parent’s share, the same as said parent would receive were he or she then living,” the children of a son who died in testator’s lifetime, and before the making of the will, and before the death of the widow, were held entitled to their father’s share. Bill for…
1Opinion of the Court
THE CHANCELLOR.
The bill is filed for a construction of the residuary clause of the will of Jacob H. Outcalt, deceased. The clause is as follows :
“ I do further order and direct that after the decease of my said wife, Mary, all her just debts and funeral expenses shall be first paid out of my remaining estate, and the residue thereof shall be divided among my several children, share and share alike; and in the event of any of my said children dying before my said wife and leaving issue them surviving, then such issue shall be entitled to and receive their parent’s share, the same as said…
2Cited by1 opinion
- Enz v. BowanNew Jersey Court of Chancery · 1925