Van Wickle v. Van Wickle
New Jersey Court of Chancery
On final hearing on pleadings and proofs. The bill is filed by the executors under a will, against the devisees under a residuary clause thereof and a posthumous child of the testator, to determine the rights of the respective parties in a piece of valuable land situate in Morristown, New Jersey, of which the testator died seized.
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On final hearing on pleadings and proofs. The bill is filed by the executors under a will, against the devisees under a residuary clause thereof and a posthumous child of the testator, to determine the rights of the respective parties in a piece of valuable land situate in Morristown, New Jersey, of which the testator died seized. The principal question is whether the birth of the child after the death of the testator had the effect of destroying a devise in trust to his executors, with power of sale contained in the will. Augustus S. Van Wickle, at and for some time before his death, was a…
1Opinion of the Court
Pitney, V. C.
I think the question presented is of easy solution. At the common law a will made by a husband was not revoked by the birth of a posthumous child, for the reason given, that he was presumed to have known of the possibility of such an event and to provide for it. This, however, has been changed in England, and most of the states of the Union, by statutory provisions. The devolution of the title to land situate in this state must be determined by the laws of this state, and o,ur statute provides for two distinct cases of posthumous children.
By the eighteenth section of the act…
2Cases cited1 opinion
- Smith v. . RobertsonNew York Court of Appeals · 1882
3Cited by11 opinions
- Jiménez v. ReilySupreme Court of Puerto Rico · 1922
- Estate of PattersonCalifornia Court of Appeal · 1923
- Estate of LoydCalifornia Supreme Court · 1917
- Estate of BraceCalifornia Court of Appeal · 1960
- Jackman v. HerrickSupreme Court of Iowa · 1917
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