Smith v. Smith
New Jersey Court of Chancery
On bill, answer, replication and proofs. The object of this bill is to question the validity of the trust proposed in the will of Hezekiah B. Smith, deceased.
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On bill, answer, replication and proofs. The object of this bill is to question the validity of the trust proposed in the will of Hezekiah B. Smith, deceased. The will is as follows: “In the name of God, amen: I, Hezekiah B. Smith, of Smithville, Burlington county, New Jersey, being of sound mind, memory and understanding, ■do make and publish this my last will and testament in manner following, that is to say: “After payment of my just debts and charges, I devise and bequeath all of my property — personal and real, to a Board of Trustees, to be composed as follows, namely: Edward F. Burns,…
1Opinion of the Court
The Chancellor.
The gift in question is expressly made in trust to persons who are not intended to have a beneficial interest in the property. Merely the legal title goes to them, to be held while the beneficial use is enjoyed by others. We now deal with the beneficial interest, and the main question is whether it is sufficiently bestowed to be enforceable. If.it is not, it will result to the heirs-at-law and next of kin of the testator, for whom the legal title will be deemed to be held.
The complainants claim that it was the intention of the testator. to found a school of limited character,…
2Cases cited1 opinion
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
3Cited by11 opinions
- Swetland v. SwetlandNew Jersey Court of Chancery · 1926
- Brown v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1939
- Westfield Trust Co. v. BeekmanNew Jersey Court of Chancery · 1925
- In Re RaynoldsNew Jersey Superior Court Appellate Division · 1942
- Murphy v. Morrisey Walker, Inc.New Jersey Court of Chancery · 1926
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