McCracken v. Gulick
Supreme Court of New Jersey
On appeal from a decree of the prerogative court. This is an appeal from a decree of the prerogative court affirming a decree of the Essex orphans court on exceptions to an account. of the trustee under the will of Charles Dowden, who died in 1880. Among the assets of the estate were two hundred and thirty-one shares ol the stock of the American Insurance Companj' of Newark.
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On appeal from a decree of the prerogative court. This is an appeal from a decree of the prerogative court affirming a decree of the Essex orphans court on exceptions to an account. of the trustee under the will of Charles Dowden, who died in 1880. Among the assets of the estate were two hundred and thirty-one shares ol the stock of the American Insurance Companj' of Newark. The will directed the executors to divide the residue of the income (which included the income on this stock; into three equal parts and pay the s.ame. to the testator’s widow and his two daughters. After providing for…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The question presented is answered by our decision in Day v. Faulks, 81 N. J. Eq. 173. In that case Vice-Chancellor Stevens had stated (79 N. J. Eq. 66) the difficulties with his usual clearness and precision and we affirmed for his reasons. It is unnecessary, therefore, to go to other jurisdictions for a rule, as far as any question presented by this case is concerned. It may be well to restate the reasons.
The fundamental principle is to carry out the intent of the testator. Clearly, when he has created a trust fund and directed that the…
2Cited by27 opinions
- Chapin v. CollardWashington Supreme Court · 1948
- Commercial Trust Co. of N.J. v. SpiegelbergNew Jersey Court of Chancery · 1934
- Hagedorn v. ArensNew Jersey Court of Chancery · 1930
- In Re Trust Under Will of ArensSupreme Court of New Jersey · 1964
- McCoy v. McCloskeyNew Jersey Court of Chancery · 1922
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