Legal Opinion
Executors of Marshall v. Hadley
New Jersey Court of Chancery
Decided October 15, 1892PublishedCited by 11 opinions
On final hearing on bill, answer and proofs.
1Opinion of the Court
Van Fleet, V. C.
Two questions are presented for decision. They grow out of the will of James Marshall, deceased. His executors ask for a construction of his will. They are in doubt as to their duty, and they ask for instruction in order that they may perform it with safety to themselves and justice to the persons whose rights are involved in doubt.
The first question, stated generally, is, Whether or not a devise of land, upon which the testator held a mortgage, passes the mortgage and the debt secured by it to the devisee ? The devise which the executors ask to have construed is in the& words:
2Cited by11 opinions
- Sears, Roebuck Co. v. CampSupreme Court of New Jersey · 1938
- Barrett v. BarrettNew Jersey Court of Chancery · 1943
- Second National, C., Co. v. BordenNew Jersey Court of Chancery · 1933
- Fidelity Union Trust Co. v. RoestNew Jersey Court of Chancery · 1933
- Higgins v. MispethNew Jersey Court of Chancery · 1935
6 more not listed; retrieve them via the Exa API.