Van Duyne v. Van Duyne
New Jersey Court of Chancery
This bill is filed for the partition of lands whereof Martin J. Van Duyne died seized. The complainant, Hiram Van Duyne, who is a grandson of Martin J. Van Duyne, claims that, under the will of his grandfather, he is entitled to one half the lands devised by the will to testator’s son James and his daughter Hetty.
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This bill is filed for the partition of lands whereof Martin J. Van Duyne died seized. The complainant, Hiram Van Duyne, who is a grandson of Martin J. Van Duyne, claims that, under the will of his grandfather, he is entitled to one half the lands devised by the will to testator’s son James and his daughter Hetty. The testator devised his homestead farm to his son James and his daughter Hetty, equally “ to them, their heirs and assigns for ever, hoping and believing they will do justice hereafter to my grandson, Hiram Van Duyne, to the amount of one half of the said homestead farm.”…
1Opinion of the Court
The Chancellor.
The case depends upon the true construction of the second and third clauses of the will of Hiram Van Duyne, of the county of Morris. By the second clause of his will, the testator devised his homestead farm to his son James and his daughter Hetty, equally “ to them, their heirs and assigns for ever, hoping and believing they will do justice hereafter to my grandson, Hiram Van Duyne, to the amount of one half of the said homestead farm.” The third clause contains a devise in similar terms.
The bill claims that the terms of the devise create a trust in favor of Hiram Van Duyne,…
2Cases cited2 opinions
- In re the Estate of ChristieNew Jersey Superior Court Appellate Division · 1917
- Ellis v. Ellis's AdministratorSupreme Court of Alabama · 1849
3Cited by4 opinions
- Bankers Trust Co. v. NY, Etc., AnimalsNew Jersey Superior Court Appellate Division · 1952
- First-Mech. Nat. Bank v. First-Mech. Nat. BankNew Jersey Court of Chancery · 1945
- Morgan v. MurtonNew Jersey Court of Chancery · 1942
- Cahill v. MonahanNew Jersey Superior Court Appellate Division · 1959