Lawrence v. Prosser
New Jersey Court of Chancery
On bill, &e. The will of Mrs. Emma H. Dean, after giving certain legacies, including a life interest, and directing the conversion of her property into cash for investment, provided as follows: “After the death of said Luman Warren Lawrence I order and direct the said Judson C. Prosser to turn over to the town of Bucksport, Blaine, the balance of said sum, including all interest, accumulations and additions thereto, less the amount paid during the lifetime of the said Luman…
Read the full summary
On bill, &e. The will of Mrs. Emma H. Dean, after giving certain legacies, including a life interest, and directing the conversion of her property into cash for investment, provided as follows: “After the death of said Luman Warren Lawrence I order and direct the said Judson C. Prosser to turn over to the town of Bucksport, Blaine, the balance of said sum, including all interest, accumulations and additions thereto, less the amount paid during the lifetime of the said Luman Warren Lawrence and less the disbursements of the said Judson O. Prosser and his commissions for carrying out his duties…
1Opinion of the Court
Stevens, V. C.
This seems to be a very simple case. The only question is whether Mrs. Dean could lawfully give her residuary estate to the town of Bucksport, for the erection of a monument to the memory of her brother, a prominent citizen of that town.
First. Could she lawfully give it for that purpose? That she could is decided in Detwiller v. Hartman, 37 N. J. Eq. 347. The decisions are all one way, and the very eases relied upon by complainants’ counsel (In re Ogden, 55 Atl. Rep. 933; In re Fancher, 103 Pac. Rep. 206) assume that the right exists.
Second. Has the town of Bucksport capacity to…
2Cases cited3 opinions
- Libby v. City of PortlandSupreme Judicial Court of Maine · 1909
- Fancher v. FancherCalifornia Supreme Court · 1909
- In Re OgdenSupreme Court of Rhode Island · 1903
3Cited by4 opinions
- Swayze's Estate, Dean v. BennettMontana Supreme Court · 1948
- Grady v. City of GreenvilleSupreme Court of South Carolina · 1924
- Grady v. City of GreenvilleSupreme Court of South Carolina · 1924
- Swayze's Estate, Dean v. BennettMontana Supreme Court · 1948