Hoit v. Hoit
Supreme Court of New Jersey
1. “ If any or either of my children shall enter a caveat against this my will, he or they shall pay all expenses of both sides,” is a good condition in a will, without a gift over, against a devisee taking real estate under the will. 2. The orphans court having ordered the costs and expenses of litigation, on caveat filed, to be paid out of the estate (Rev. p. 791 § 177), the widow, who was the legatee of the personal estate charged with the payment of debts and expenses,…
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1. “ If any or either of my children shall enter a caveat against this my will, he or they shall pay all expenses of both sides,” is a good condition in a will, without a gift over, against a devisee taking real estate under the will. 2. The orphans court having ordered the costs and expenses of litigation, on caveat filed, to be paid out of the estate (Rev. p. 791 § 177), the widow, who was the legatee of the personal estate charged with the payment of debts and expenses, may have relief against the devisee who filed the caveat. On appeal from a decree advised by Vice-Chancellor Bird, whose…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
John G. Hoit, late of the township of Oxford, in the county *389of Warren, and state of New Jersey, by last will and testament duly executed, devised and bequeathed to his wife, Sarah A. Hoit, the appellant, certain lands and all his personal property, and she was to pay all his just debts, funeral and other expenses. In subsequent parts of the will he devised severally to his sons, tracts of land for certain estates and on limitations therein contained. The will concludes with this sentence:
“ If any or either of my children shall enter a caveat…
2Cited by10 opinions
- Rossi v. DavisSupreme Court of Missouri · 1939
- In Re Estate of CocklinSupreme Court of Iowa · 1945
- Girard Trust Co. v. SchmitzNew Jersey Superior Court Appellate Division · 1941
- Bankers Trust Co. of N.Y. v. GreimsNew Jersey Court of Chancery · 1934
- In Re Estate of James H. ChambersSupreme Court of Missouri · 1929
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