Brown v. Brown
New Jersey Court of Chancery
Heard on bill, answer, replication and proofs in open eonrt. The complainants are executors and trustees under the will of Lewis B. Brown, deceased. The defendants are the persons interested in the estate of the testator. The bill is filed to obtain a construction of the will in -various respects, and to procure directions to the trustees concerning various matter s_ respecting their trust.
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Heard on bill, answer, replication and proofs in open eonrt. The complainants are executors and trustees under the will of Lewis B. Brown, deceased. The defendants are the persons interested in the estate of the testator. The bill is filed to obtain a construction of the will in -various respects, and to procure directions to the trustees concerning various matter s_ respecting their trust. The will was dated November 22d, 1898. Lewis B. Brown died on the 28th of June, 1900. The various questions 'will be dealt with under separate heads.
1Opinion of the Court
Garrison, Y. C.
I
Lewis M. Brown was the son of the decedent and owed money to his father. He is also a beneficiary under the will. It is necessary to construe the will and refer to the facts so as to arrive at the proper determination of the duty of the complainants in the premises.
The fifth paragraph of the will is as follows:
“To divide the rest, residue and remainder of my estate into ten equal parts or shares, and [to pay over certain of such parts or shares to named persons, &c.] to set apart two such equal parts or shares of my residuary estate, hold the same in trust, invest the same,…
2Cases cited2 opinions
- In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
3Cited by22 opinions
- Pabst v. GoodrichWisconsin Supreme Court · 1907
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- In Re WardNew Jersey Superior Court Appellate Division · 1936
- In re National Commercial Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Lauman v. FosterSupreme Court of Iowa · 1912
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