Corwine v. Corwine
Supreme Court of New Jersey
The testator made his will as follows : “ In the name of God, amen. I, Gideon R. Corwine, &c., do make, publish, and declare this my last will and testament, in manner following, that is to say : First, I order and direct my executor, hereinafter named, to pay all my just debts and funeral expenses, as soon as convenient after my decease ; Second, I give and bequeath to my daughter, Rebecca Corwine, §2000, to her, her heirs and assigns ; Third, I give and bequeath to my…
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The testator made his will as follows : “ In the name of God, amen. I, Gideon R. Corwine, &c., do make, publish, and declare this my last will and testament, in manner following, that is to say : First, I order and direct my executor, hereinafter named, to pay all my just debts and funeral expenses, as soon as convenient after my decease ; Second, I give and bequeath to my daughter, Rebecca Corwine, §2000, to her, her heirs and assigns ; Third, I give and bequeath to my daughter, Phebe Farley, wife of Isaac Farley, §1200, and in case of her death before me, to her legal representatives;…
1Opinion of the Court
The opinion of the court was delivered by
Woodhull, J.
The only matter in controversy is, whether the legacies given by the second and third clauses of the will are a charge on the real estate devised by the fifth clause.
That personal estate is the primary fund out of which legacies are payable, is not questioned on either side. It is conceded, also, that real estate is not charged with the payment of legacies, unless the testator intended it should be, and that such intention must be either expressly declared, or fairly and satisfactorily inferred from the language and dispositions of the…
2Cited by3 opinions
- Byrne v. ByrneNew Jersey Superior Court Appellate Division · 1938
- Crocker v. CrockerNew Jersey Court of Chancery · 1933
- Federal Trust Co. v. OstNew Jersey Court of Chancery · 1936