Beatty's Administrator v. Montgomery's
New Jersey Court of Chancery
John Castner, the complainant in the original bill filed by him as administrator of James M. Beatty, William Beatty, and Wesley Beatty, respectively, seeks to recover legacies given to the decedents, of whose respective estates he is administrator, by the will of James Montgomery, deceased. The defendant, Maria Ailing, is the executrix of the will of Fruden Ailing, the last surviving executor of the will of Montgomery.
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John Castner, the complainant in the original bill filed by him as administrator of James M. Beatty, William Beatty, and Wesley Beatty, respectively, seeks to recover legacies given to the decedents, of whose respective estates he is administrator, by the will of James Montgomery, deceased. The defendant, Maria Ailing, is the executrix of the will of Fruden Ailing, the last surviving executor of the will of Montgomery. Maria Ailing, as such executrix, filed the cross-bill, praying the directions of the court as to the payment of these legacies, and for a construction of the will of…
1Opinion of the Court
The Chancellor.
It is contended by the executrix and the administrator of the widow, that the legacies to the three nephews did not vest, but were contingent on their surviving the widow, and therefore, that by the death of all three in the life' of the *326widow, before they were to be paid, they lapsed into the residue of the estate.
The event upon which they were given, the death of the widow, was certain and not contingent; the time only was uncertain. It is different from a legacy given at twenty-one, or marriage, or when the legatee arrives at twenty-one, or marries; these events may never…
2Cited by2 opinions
- In Re CollinsNew Jersey Superior Court Appellate Division · 1926
- Lockwood v. ClarkeNew Jersey Court of Chancery · 1945