Phillips v. Vermeule

Backes, V. C.

This bill is to quiet the title to “Long Brook Farm” and a strip of land used as a roadway, known as “Hard Scrapple,” in Franklin township, Somerset county. Motion is made to strike out the answer because it sets up no estate or interest in the defendants.

The answer discloses that Miles Smith was the owner in fee at the time of his death in 1838. By his will, proved before the ordinary, he devised the premises to his four sons, as joint tenants, in fee-simple, in trust, to occupy them and to receive the rents, issues and profits and pay the net income to his daughter Henrietta…