Kempton v. Bartine
New Jersey Court of Chancery
On bill, answer and offer of testimony, &c. The complainant was the brother of Meribah D. Kempton and Annie B. Kempton, his two maiden sisters. In 1894 Meribah died intestate, leaving the complainant and Annie her only heirs and next of kin, to whom all her property descended in equal shares.
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On bill, answer and offer of testimony, &c. The complainant was the brother of Meribah D. Kempton and Annie B. Kempton, his two maiden sisters. In 1894 Meribah died intestate, leaving the complainant and Annie her only heirs and next of kin, to whom all her property descended in equal shares. Meribab, at the time of her death, was seized in fee of the one-half part of a house and lot in Merchantville, New Jersey, and of-certain stocks, bonds, household furniture and other personal property. The complainant alleges that Annie, after Meribah’s death, agreed with him that if he would allow her…
1Opinion of the Court
Grey, V. C.
The complainant’s counsel contend that the executor of Annie B. Kempton’s will is not such a necessary party that the cause should be stayed until he be brought in. They argue that the effect of the agreement set out in the bill was to vest immediate legal title in all Annie B. Kempton’s personal and real property in the wife and children 'of the complainant, subject to Annie’s enjoyment of it for her life, and that upon her death they became entitled to instant possession of both, and that her executor never received any title to the personal or interest in the realty, and…
2Cases cited1 opinion
- Joss v. MohnSupreme Court of New Jersey · 1893
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