Brown v. Fidelity Trust Co.
New Jersey Superior Court Appellate Division
On appeal fr.om the Somerset county orphans court. Benjamin Brown died leaving a widow and nine children. By his will he gave his estate to his widow for life, remainder in equal shares to his children living at the time of his death, subject to advances made to seven of them.
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On appeal fr.om the Somerset county orphans court. Benjamin Brown died leaving a widow and nine children. By his will he gave his estate to his widow for life, remainder in equal shares to his children living at the time of his death, subject to advances made to seven of them. The share of one daughter, Susannah, was to be at least $2,000. Sarah’s share was ordered to be invested and the interest paid to her for life by the executor; upon her death the principal to go to her lawful issue. The shares of two daughters, Mary and Susannah, were for life, and dying without issue they were to “be…
1Opinion of the Court
Backes, Vice-Ordinary.
If the direction of the will as to the proceeds requires a sale it is equivalent to a positive direction to sell, and the land is deemed personal property from the death of the testator. Cook, Executor, v. Cook, Administrator, 20 N. J. Eq. (5 C. E. Gr.) 375.
A conversion is a question of intention, and the real question is, Did the testator intend his lands should be converted into mone)' at all events before distribution? Wurls’ Executors v. Page, 19 N. J. Eq. (4 C. E. Gr.) 365.
No suggestion has been offered, nor can one be made, how other than by a. sale and conversion…
2Cited by8 opinions
- Fidelity-Philadelphia Trust Co. v. HarloffNew Jersey Court of Chancery · 1943
- Braun v. MullerNew Jersey Court of Chancery · 1942
- Citizens' Nat. Bank v. First Nat. BankNew Mexico Supreme Court · 1924
- Hill v. Van SantNew Jersey Court of Chancery · 1943
- McGlynn v. McGlynnNew Jersey Court of Chancery · 1927
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