Morse v. Hackensack Savings Bank
New Jersey Court of Chancery
On appeal from a decree advised by Vice-Chancellor Pitney, reported in Hackensack Savings Bank v. Morse, 1 Dick. Oh. JRep. 161. Morse was the purchaser of lands whereof Peter R. Terhune died seized, at a sale made by Richard P. Terhune, the executor, under a power of sale given by the will of the deceased. The Hackensack Savings Bank was the purchaser at a sheriff’s sale of the estate of Richard P. Terhune, an heir at law of the testator, in lands of the deceased.
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On appeal from a decree advised by Vice-Chancellor Pitney, reported in Hackensack Savings Bank v. Morse, 1 Dick. Oh. JRep. 161. Morse was the purchaser of lands whereof Peter R. Terhune died seized, at a sale made by Richard P. Terhune, the executor, under a power of sale given by the will of the deceased. The Hackensack Savings Bank was the purchaser at a sheriff’s sale of the estate of Richard P. Terhune, an heir at law of the testator, in lands of the deceased. The decree appealed from set aside Morse’s title in favor of the complainant’s title. From this decree Morse appealed.
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
Peter R. Terhune died in January, 1879, seized of certain real estate in the county of Bergen. By his will, executed January 2d, 1878, he provided as follows:
“ I order and direct my executor hereinafter named to pay all my just debts, funeral and testamentary charges, as soon as can be after my decease out of my real or personal estate.
“ I give and bequeath unto my wife Mary Ann, the sum of five hundred dollars, to be paid to her after my decease, and I do direct that said legacy shall be in lieu of my wife’s dower in my estate; also an…
2Cited by14 opinions
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