Gordon v. Jackson
New Jersey Court of Chancery
This bill is filed to obtain the construction of the will óf Cornelia Jane Van Deventer. After directing the payment of her debts and giving a number of small legacies, she then provided as follows: “Sixth. The remainder of my estate I bequeath to my first husband’s stepmother and her children. Her name is Mrs. Rebecca Hand.” This is the clause to be construed.
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This bill is filed to obtain the construction of the will óf Cornelia Jane Van Deventer. After directing the payment of her debts and giving a number of small legacies, she then provided as follows: “Sixth. The remainder of my estate I bequeath to my first husband’s stepmother and her children. Her name is Mrs. Rebecca Hand.” This is the clause to be construed. The will was executed on April 1st, 1892. The testatrix ditd on January 27th, 1895. Rebecca Hand, named in the will, died November 10th, 1891. Hannah M. Jackson, a daughter of Rebecca Hand, died October, 1885, leaving two children,…
1Opinion of the Court
Reed, V. C.
The first question is whether Rebecca Hand and her children take concurrently; or whether Rebecca Hand takes a life interest, and her children the remainder.
In Noe’s Administrator v. Miller’s Executors, 4 Stew. Eq. 234, the bequest was:
“To my daughter Elizabeth M. Noe, wife of John Noe, one share, in addition to what she has already had ; her said husband not to have any control of the said legacy, but to be hers and her child or children’s forever; but in case she should die leaving no child or children, the said legacy may be claimed by my other children, according to the tenor…
2Cited by7 opinions
- Barrett v. BarrettNew Jersey Court of Chancery · 1943
- Rippel v. KingNew Jersey Court of Chancery · 1939
- Holloway v. BurkeSupreme Court of Missouri · 1935
- Damron v. MastNew Jersey Court of Chancery · 1937
- Torre v. ChesnutSupreme Court of South Carolina · 1931
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