Legal Opinion

Smith v. Collins

New Jersey Court of Chancery

Decided March 29, 1913PublishedCited by 2 opinions

On bill for injunction to restrain sheriff’s sale. Heard at return of order to show cause.

1Opinion of the Court

Leaming, Y. C.

Complainant is a judgment debtor and seeks to enjoin a sale under an execution issued upon the judgment. The execution *349lias been levied on the interest of complainant in certain real estate.

It is averred in the bill that the interest of complainant in the real estate levied on arises under the will of her husband. By that will complainant is given the income of the estate, including the income of the land in question, during her life. A.t her decease the corpus of the estate is given to children of testator. The provisions of the will in favor of complainant are as follows:

“I…

2Cited by2 opinions

  1. Majewski v. GreenbergNew Jersey Court of Chancery · 1927
  2. Walton v. HillierNew Jersey Court of Chancery · 1941

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