Dusenberry v. Johnson
New Jersey Court of Chancery
Heard on bill, answer and proofs. The suit is in the nature of an interpleader, brought by the complainant, executor and trustee of Thomas Johnson,'deceased, custodian of a fund of $2,000, to determine which of two claimants is entitled to it.
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Heard on bill, answer and proofs. The suit is in the nature of an interpleader, brought by the complainant, executor and trustee of Thomas Johnson,'deceased, custodian of a fund of $2,000, to determine which of two claimants is entitled to it. The solution of the question depends upon the true construction of the will of the testator, who died in Novembex-, 1882, leaving two children, Nathaniel (who was married and had two children, Nathaniel, Jr., arid Charles H.), and the defendant James, who appears to have been the issue of a second marriage, and to have then been an infant. After…
1Opinion of the Court
Pitney, V. C.
Three questions were argued :
First. Was the legacy of $2,000 to the two grandchildren contingent upon their arriving at the age of twenty-one years, or •was it vested, subject to be devested in case both died before reaching twenty-one ?
Second. If vested, what was the effect of the death before the grandchildren, of their father, to whom it was limited, by way of executory bequest, in case of the death of each grandchild before attaining twenty-one?
Third. If the legacy was contingent, and never vested in either the two grandchildren or their father, then did it lapse, or was it…
2Cited by11 opinions
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- Hignett v. ShermanSupreme Court of Colorado · 1924
- Roebling v. CommissionerUnited States Board of Tax Appeals · 1933
- Trippe v. National Newark, C., Banking Co.New Jersey Court of Chancery · 1925
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