Mecum v. Stoughton
New Jersey Court of Chancery
Final hearing on bill for construction of will. The bill is filed for the construction of a joint will made by two sisters. The will provides that in the event of either dying before the other the survivor shall take for life the entire estate! of the one dying first, with power to dispose of it. It then provides that after the death of the survivor the property not then disposed of shall be disposed of in the manner therein stated. Both testatrices are now deceased.
Read the full summary
Final hearing on bill for construction of will. The bill is filed for the construction of a joint will made by two sisters. The will provides that in the event of either dying before the other the survivor shall take for life the entire estate! of the one dying first, with power to dispose of it. It then provides that after the death of the survivor the property not then disposed of shall be disposed of in the manner therein stated. Both testatrices are now deceased. The will contains .a number of bequests of money to charities and to relatives and a number of bequests of stocks of…
1Opinion of the Court
Leaming., V. .C.
It will be observed that the legacies in question are in form general; the single inquiry is whether they must be regarded as specific, and subject to ademption, from the circumstance that at the date of the will testatrices owned the exact- number of shares of stock of the Lehigh Valley Railroad Company that are, in the aggregate, bequeathed by the will.
There are a few adjudicated cases to the effect that the circumstance named Is a sufficient indication of a testator’s intent to bequeath the very shares owned by him at the date of the will to justify a court in treating such…
2Cases cited2 opinions
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- Waters v. HatchSupreme Court of Missouri · 1904
3Cited by10 opinions
- In Re LowNew Jersey Superior Court Appellate Division · 1928
- Gorham v. ChadwickSupreme Judicial Court of Maine · 1938
- In Re Barrows' EstateSupreme Court of Vermont · 1931
- Donath v. ShawNew Jersey Court of Chancery · 1942
- Patanska v. KuzniaNew Jersey Court of Chancery · 1928
5 more not listed; retrieve them via the Exa API.