Fay v. Fay

Pitney, V. C.

The bill is filed by the widow and two children, heirs at law,, of George W. Fay, deceased, against the defendant, Thornton W. Fay, who was the brother of the deceased, and its object is to-*261establish a trust iu favor of the complainants, representing George W. Fay, deceased, in an undivided one-ninth part of certain real estate, situate, as to a part, in the county of Camden, and as to another part, in the county of Atlantic, of which Cyrus J. Fay, father of George W. Fay and the defendants, died seized.

The allegation is that a bill for partition of such real estate was filed in…