Michael v. Minchin
Supreme Court of New Jersey
On ajopeal from the Essex County Circuit Court. George Minchin died leaving a last will and testament in which, by the first paragraph, he devised to his wife for life his real estate, and at her death to his three children, Harry, Emma and Adeline, each a distinct parcel specifically described, and to his son Abraham $3,000, subject to the following conditions: “Should death take my Dauter Addeline or She do not have anny Issue Children living at her death her Part will be…
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On ajopeal from the Essex County Circuit Court. George Minchin died leaving a last will and testament in which, by the first paragraph, he devised to his wife for life his real estate, and at her death to his three children, Harry, Emma and Adeline, each a distinct parcel specifically described, and to his son Abraham $3,000, subject to the following conditions: “Should death take my Dauter Addeline or She do not have anny Issue Children living at her death her Part will be divided between my Son Harry W. Minchin and my dauter Emma Jane Minchin in Case my Son Harry W. Minchin Should depart…
1Opinion of the Court
The opinion of the court was delivered by
Bergen, J.
Upon the foregoing facts the trial court held, a jury being waived, that the estate of Harry was a fee-simple, subject to a defeat upon his death at any time without issue, in which event the executory devise over to his sister Emma J. Mincliin, who died in his lifetime, vested in her heirs or devisees, and that Harry’s estate remained defeasible until after his death leaving issue, and ordered judgment entered for the plaintiff, from which the defendant has appealed.
The result reached by the court below is erroneous, for reasons to be…
2Cited by4 opinions
- McGlothlin v. McElvainIllinois Supreme Court · 1950
- Ricardo v. KellyNew Jersey Superior Court Appellate Division · 1945
- Platt v. JohnsonNew Jersey Court of Chancery · 1917
- Teasdale v. HarrisonNew Jersey Superior Court Appellate Division · 1951