Collins v. Wardell
Supreme Court of New Jersey
On appeal from a decree of the chancellor, whose opinion is reported in 18 Dick. Ch. Rep. 371. The bill in this case was filed by the executors and trustees of the will of Mary P. Wintringham, deceased, to obtain a construction of the fifteenth, sixteenth and seventeenth clauses of that will. These clauses are as follows: “Fifteenth.
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On appeal from a decree of the chancellor, whose opinion is reported in 18 Dick. Ch. Rep. 371. The bill in this case was filed by the executors and trustees of the will of Mary P. Wintringham, deceased, to obtain a construction of the fifteenth, sixteenth and seventeenth clauses of that will. These clauses are as follows: “Fifteenth. I direct my executors hereinafter named, out of the residue of my estate, -to set apart a fund sufficient to produce an income of $6,000 a year, and out of said income to pay to my brother William Phyfe $4,000 a year, and to my brother Duncan Phyfe $2,000 a year,…
1Opinion of the Court
The opinion of the court was delivered by
Garretson, J.
We agree with the conclusion of the learned chancellor, that the complainants were entitled to the aid, advice and direction of the court; that the death of William Phyfe before the testatrix did not operate to defeat the gift of the fund to the persons to whom she bequeathed it by the fifteenth paragraph of the will; that the executors• are bound to set apart so much of the residue in their hands as1 will be reasonably sufficient, when properly invested, to furnish an income of at least $6,000 a year; that a sum of not less than $160,000…
2Cases cited1 opinion
- Strong v. BenedictSupreme Court of Connecticut · 1824
3Cited by6 opinions
- Van Hoose v. MooreCourt of Appeals of Texas · 1969
- Bodeman v. CaryNebraska Supreme Court · 1950
- Elberg v. ElbergSupreme Court of Minnesota · 1916
- Philbert v. CampbellSupreme Court of Missouri · 1927
- Clapper v. ClapperSupreme Court of Iowa · 1955
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