Zane v. Weintz
New Jersey Court of Chancery
On bill, answer and proofs. The bill in this case is filed by Lovina S. Zane, the widow of Horatio G. Zane, who claims that "under the last will of her mother, Rachel Ward, she either has title in fee to a lot of land situate at the northeast corner of William and Line streets, Camden, New Jersey, or has. a power to sell and convey an estate in fee-simple in that lot.
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On bill, answer and proofs. The bill in this case is filed by Lovina S. Zane, the widow of Horatio G. Zane, who claims that "under the last will of her mother, Rachel Ward, she either has title in fee to a lot of land situate at the northeast corner of William and Line streets, Camden, New Jersey, or has. a power to sell and convey an estate in fee-simple in that lot. The bill seeks to compel the defendant, William Weintz, who has contracted to‘purchase the lot, specifically to perform his agreement, accept the complainant’s deed, pay the purchase-money, &c.‘ The will of Eachel Ward, under…
1Opinion of the Court
Grey, Y. C.
There is but a single question in this case — has the complainant such title to or power over the lot in question that she is able to convey an estate in fee-simple in it? If she has, the defendant admits his obligation to accept a deed and pay the purchase-money.- If she has title, it is admitted she acquired it only by the effect of the above clauses of the will of her mother, Rachel Ward.
At the common law a very interesting question might have arisen under the phrasing of this will. The estate devised to Lovina gives to her in express words a freehold life estate. In the same…
2Cases cited1 opinion
- Lippincott v. DavisSupreme Court of New Jersey · 1896
3Cited by5 opinions
- Bourland v. HuffhinesCourt of Appeals of Texas · 1924
- Stack v. HickeyWisconsin Supreme Court · 1912
- Alrich v. WoodCourt of Chancery of Delaware · 1947
- Mazzola v. MalleyNew Jersey Superior Court Appellate Division · 1949
- In Re Estate of HendricksonNew Jersey Superior Court Appellate Division · 1999