Legal Opinion

Kearney v. Kearney

New Jersey Court of Chancery

Decided February 15, 1864PublishedCited by 6 opinions

The bill in this canse was filed by the executor of General Philip Kearney, to determine the interest of his widow and children in his estate under certain clauses in- the will; and also the rights and liabilities of the tenant for life and remainderman. The executor seeks the direction of the court in the execution of the trust, without being hostile to any of the parties in interest.

1Opinion of the Court

The Chancellor.

The will of the testator, General Philip Kearney, among other provisions, contains the following gilts and directions, viz.

*61To his wife-, Agnes, the sum of $3000 per annum in lieu of dower. To his son, Archibald, a devise of real, and a gift of personal estate, equal in value and amount to the real and personal estate previously settled upon his son, John Watts, in order to equalize the shares of his two sons. To his daughter, Susan, the sum of $10,000, to be paid to her on her reaching the age of sixteen years.

All the rest, residue, and remainder of his present or after…

2Cases cited4 opinions

  1. Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
  2. Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
  3. Beekman v. HudsonNew York Supreme Court · 1838
  4. Holme v. HarrisonSupreme Court of Pennsylvania · 1837

3Cited by6 opinions

  1. Gates v. Plainfield Trust Co.New Jersey Court of Chancery · 1937
  2. Shilowitz v. ShilowitzNew Jersey Superior Court Appellate Division · 1971
  3. Ash v. AshNew Jersey Court of Chancery · 1940
  4. In Re RothNew Jersey Superior Court Appellate Division · 1947
  5. Savings Investment Trust Co. v. LittleNew Jersey Court of Chancery · 1944

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