McDowell v. Stiger
New Jersey Court of Chancery
On bill to recover a legacy. Robert Todd bequeathed to his daughter Jane $1,000. Todd died and the money was paid to Jane, who loaned it to her husband, David T. Stiger. Jane died without issue, and the next of kin of the testator claimed that upon Jane’s death the legacy to her by force of item 7 of the will came to them.
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On bill to recover a legacy. Robert Todd bequeathed to his daughter Jane $1,000. Todd died and the money was paid to Jane, who loaned it to her husband, David T. Stiger. Jane died without issue, and the next of kin of the testator claimed that upon Jane’s death the legacy to her by force of item 7 of the will came to them. Jane’.s husband, David T. Stiger, claims that the money at the time of Jane’s death belonged to her absolutely, and upon her death passed to him jure mariti. The testator, at the time of the execution of his will, had three children, Maria, Peter and Jane, the first of…
1Opinion of the Court
Reed, V. C.
A general rule repeatedly stated in this court is that when there is a bequest to one person, and in case of his death to another person, the language, unless modified by some other provision in the will, will be construed to mean death of the first legatee before the arrival of the period of appointment or distribution. Beatty’s Administrator v. Montgomery, Executrix, 6 C. E. Gr. 324; Burdge v. Walling, 18 Stew. Eq. 10; Brown v. Lippincott, 4 Dick. Ch. Rep. 44.
Where the limitation over, however, is in case of the first legatee’s “dying without issue,” the event of death may be…
2Cited by3 opinions
- Katz v. ScottCourt of Appeals of Kentucky (pre-1976) · 1929
- Marvel v. Wilmington Trust Co.Court of Chancery of Delaware · 1913
- Schumann v. BogertNew Jersey Court of Chancery · 1939