Legal Opinion

Campbell v. Cole

New Jersey Court of Chancery

Decided July 23, 1906PublishedCited by 7 opinions

On bill to partition lands which were devised by the will of Joseph Campbell by the following language: “In the name of God, Amen: I, Joseph Campbell of the Township of Mendham of the County of Morris and state of New Jersey being of sound mind do give and bequeath to my Dear wife Rachel H. Campbell, all my property, personal and real for 7mr own use and benefit during hur life and at hur death to be divided eaquel between my two children Stephen IT. Campbell and Hattie DeH.

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On bill to partition lands which were devised by the will of Joseph Campbell by the following language: “In the name of God, Amen: I, Joseph Campbell of the Township of Mendham of the County of Morris and state of New Jersey being of sound mind do give and bequeath to my Dear wife Rachel H. Campbell, all my property, personal and real for 7mr own use and benefit during hur life and at hur death to be divided eaquel between my two children Stephen IT. Campbell and Hattie DeH. Campbell Cole, if they are living if not then to there heirs my daughters Hattie share to be for her own use and…

1Opinion of the Court

Magje, Chancellor.

On a motion to confirm a master’s report and a supplementary report made by him, the defendant Mrs. Harriet De Hart C. Cole filed objections under rule 166.

The objections contend that the master’s report was erroneous in not finding Mrs. Cole to be the owner in fee-simple of an undivided one-half of the land in question. The interest of Mrs. Cole in the land requires the construction of .the clause of the will of Joseph Campbell set out in the prefatory statement.

It is first contended that the will of Joseph Campbell empowers his executors to make a division of his real and…

2Cases cited1 opinion

  1. State v. O'NeilTennessee Supreme Court · 1850

3Cited by7 opinions

  1. Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
  2. Bottomley v. BottomleyNew Jersey Court of Chancery · 1944
  3. In Re McGovern's EstateMontana Supreme Court · 1926
  4. Scott v. ScottNew Jersey Court of Chancery · 1933
  5. Radley v. RadleyNew Jersey Court of Chancery · 1910

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