Legal Opinion

Summit Trust Co. v. Tomkins

New Jersey Court of Chancery

Decided December 5, 1928Published

1Opinion of the Court

This bill is by the trustee seeking advice as to its duties under the will of Brenton Tomkins, deceased.

After three specific bequests, two in trust to his executor for life interests, with remainder over, and one outright for life, with remainder over, the testament continues —

"Fourth. All the rest, residue and remainder of my property, real, personal and mixed, of whatsoever nature, kind or description the same may be and wherever situate, I give, devise and bequeath unto my executor and trustee hereinafter named, to convert the same into cash and to divide the same into two equal parts; and…

2Cases cited6 opinions

  1. Dinan v. . ConeysNew York Court of Appeals · 1894
  2. Huber v. DonoghueNew Jersey Court of Chancery · 1891
  3. In Re the Final Accounting of DentonNew York Court of Appeals · 1886
  4. Kouvalinka v. GeibelNew Jersey Court of Chancery · 1885
  5. Seligman v. SeligmanNew York Supreme Court · 1915

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