Pearce v. Marcellus

The opinion of the court was delivered by

Rafferty, J.

W. Irving Pearce, a resident of Manasquan, New Jersey, executed his last will and testament on December 17th, 1940, in which, amongst other things, he provided:

“Second: I give, devise and bequeath all of the rest residue and remainder of my estate, of whatsoever kind and nature and wheresoever situate, real, personal and mixed, to Gilbert L. Marcellos and Julia L. Osborne, my Executors and Trustees hereinafter named, in trust upon the trust that they shall hold and invest the same and pay the net income therefrom, semi-annually, to my…