Russell v. Minton
New Jersey Court of Chancery
A testamentary gift by a husband to his wife was accompanied by a provision that it should be in lieu of her dower and of any other right to which by law she might be entitled in his estate, real or personal.—Held, that the gift was intended to be in satisfaction of such rights only, in or to the testator’s property, as the law gives her as his widow; and consequently that it will not prevent recovery upon a mortgage (given by him to her before marriage) held by her upon his…
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A testamentary gift by a husband to his wife was accompanied by a provision that it should be in lieu of her dower and of any other right to which by law she might be entitled in his estate, real or personal.—Held, that the gift was intended to be in satisfaction of such rights only, in or to the testator’s property, as the law gives her as his widow; and consequently that it will not prevent recovery upon a mortgage (given by him to her before marriage) held by her upon his property. Bill to foreclose. On final hearing upon bill and answer. Submitted upon briefs of counsel.
1Opinion of the Court
The Chancellor.
The bill is filed to foreclose a mortgage upon land in Morris county, given by James E. Van Wagner and Frederick J. Van Wagner to Sarah W. Russell, in November, 1879, to secure the payment of their bond to her, of the same date, for $3,000 and interest. In December, 1880, Frederick J. Van Wagner conveyed his half of the property to James E. Van Wagner. After the giving of the mortgage the mortgagee married James E. Van Wagner. He died in June, 1884. By his will he made certain provisions for the benefit of his wife and Horace Van Wagner and Harriet Van Wagner. In addition to…
2Cases cited16 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Miller v. StepperMichigan Supreme Court · 1875
- Clay v. HartCourt of Appeals of Kentucky · 1838
- Reaves v. Garrett's Adm'rSupreme Court of Alabama · 1859
- Pemberton v. PembertonSupreme Court of Missouri · 1860
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3Cited by1 opinion
- Patsourakos v. KolioutosNew Jersey Court of Chancery · 1942