Howell v. Tomkins
New Jersey Court of Chancery
Lands were devised to an executor, in trust for A for life and for B during her minority, with a gift over in case of B’s death, without children, before her maturity, and with power in the executor to sell the lands.
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Lands were devised to an executor, in trust for A for life and for B during her minority, with a gift over in case of B’s death, without children, before her maturity, and with power in the executor to sell the lands. B is now twenty-one, is married, and has two children living. — Meld, that A and B could elect to take the lands, and the executor should be enjoined from selling them, and that as B could not legally elect, on account of her coverture, the court would act for her.
1Opinion of the Court
Bird, V. C.
James Tomkins died, leaving a will. He gave to his grandson, James S. Howell, his farm, lying in the county of Morris, *306his horses, cattle and farming utensils, on condition that he should secure and provide a comfortable maintenance and support for Eliza, the daughter of the testator and mother of James, and to Sarah, a granddaughter of testator and a sister of James. He also gave to James all the furniture in his house on said farm—
“ To him and his heirs forever * * * Which I give and bequeath to him, my said grandson, in trust, for the use of his mother during her lifetime, and…
2Cases cited2 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Mumford Molding Machine Co. v. E. H. Mumford Co.New Jersey Court of Chancery · 1917
3Cited by1 opinion
- Camden Trust Co. v. HaldemanNew Jersey Court of Chancery · 1943