Herbert v. Central Hanover Bank Trust Co.

This appeal had to do with construction of the will and codicil of Jean R. Herbert, deceased.

The decree under review will be affirmed, for reasons, in the main, expressed in the excellent opinion of Vice-Chancellor Berry, reported in 181 N. J. Eq. 880. This court unanimously concurs in the view that Kate Herbert Kelly, sister of the testatrix, took a life estate in the residue of the estate, under the fourteenth paragraph of the wall.

In the construction given to the codicil (which had to do only with the residuary estate) we agree with the learned Vice-Chancellor that John W. Herbert (since…