Nagle v. Conard
New Jersey Court of Chancery
On final hearing on bills, answers, replications and proofs. The above cases were heard together and are to be decided upon the same proofs. The first bill is filed for the construction of a will and directions to trustees; the second is a foreclosure suit in which it is necessary that the same will shall be construed in order to determine the rights of the parties.
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On final hearing on bills, answers, replications and proofs. The above cases were heard together and are to be decided upon the same proofs. The first bill is filed for the construction of a will and directions to trustees; the second is a foreclosure suit in which it is necessary that the same will shall be construed in order to determine the rights of the parties. Peter Nelson died in November, 1908, leaving a will dated April 16th, 1908, which was admitted to probate in Middlesex county. After a devise to his widow of some real estate in Florida and considerable personal property, he made…
1Opinion of the Court
Howell, Y. C.
It was claimed that the testator made no final disposition of his Perth Amboy real estate, and that if he did the same was void as contravening the rule against perpetuities. I do not find it necessary to discuss the question whether, under the terms of *130the will, the period of the vesting of the estate is so remote as to violate the rule, for the reason that I deem it very plain from a careful reading of the instrument that he disposed of the income from his property only, and made no final disposition of the corpus.
The third item directs the executors to collect the income from…
2Cases cited3 opinions
- Gallagher v. . CrooksNew York Court of Appeals · 1892
- Security Title & Trust Co. v. SchlenderIllinois Supreme Court · 1901
- Wells v. AndersonSupreme Court of New Hampshire · 1899
3Cited by14 opinions
- Nat. Newark Essex Banking Co. v. RosahlNew Jersey Court of Chancery · 1925
- Lawes v. LynchNew Jersey Superior Court Appellate Division · 1950
- Maxwell v. MaxwellNew Jersey Court of Chancery · 1937
- Huxley v. Security Trust Co.Court of Chancery of Delaware · 1943
- Nagle v. ConardNew Jersey Court of Chancery · 1924
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