Dubois v. Van Valen
New Jersey Court of Chancery
On bill for paxtition. Final heaxing on pleadings and pxoofs. This is a bill fox paxtition, among the ehildxen and heixs-atlaw of Joseph Yan Yalen and Eliza, his wife, of xeal estate of which the fathex, Joseph, died seized. The complainant is one of those ehildxen.
Read the full summary
On bill for paxtition. Final heaxing on pleadings and pxoofs. This is a bill fox paxtition, among the ehildxen and heixs-atlaw of Joseph Yan Yalen and Eliza, his wife, of xeal estate of which the fathex, Joseph, died seized. The complainant is one of those ehildxen. The defendants compxise all the othex ehildxen who have suxvived, and also a moxtgagee and cieditorat-laxge of Eliza Yan Yalen, the widow of Joseph, and eextain judgment cxeditoxs of John Yan Yalen, one of the ehildxen. Joseph Yan Yalen died July 13th, 1876, testate of a will, made two days pxeviously, leaving his widow, Eliza,…
1Opinion of the Court
PlTlXEY, Y. C.
The claim of the mortgagee and creditors of the widow is that, under the will of her husband, she took an estate indeterminate in quantity, from which an estate for life only would result by implication, and -not by expression, with an unlimited power of disposition, and hence, under the rule laid down in *333Downey v. Borden, 7 Vr. 461, and many subsequent cases based upon it, she has a fee-simple.
I am unable to adopt that view.
The devise to the widow is during her widowhood, and hence, is no more and no less than a devise for life. It is not less than a devise for life, because it…
2Cases cited1 opinion
- Bates v. WebbMassachusetts Supreme Judicial Court · 1812
3Cited by2 opinions
- Laval v. OsterhoutNew Jersey Superior Court Appellate Division · 1949
- Feger v. HigginsNew Jersey Court of Chancery · 1947