Tuttle v. Woolworth
New Jersey Court of Chancery
On final hearing on bill, answers, replication and proofs. The bill in this case is filed by an executor and trustee; it seeks a construction of the will under which he is acting, and directions as to the disposition of a particular fund remaining in his custody. The will in question was executed in December, 1871. The testator died in January, 1872. He left three children, all of whom he provided for.
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On final hearing on bill, answers, replication and proofs. The bill in this case is filed by an executor and trustee; it seeks a construction of the will under which he is acting, and directions as to the disposition of a particular fund remaining in his custody. The will in question was executed in December, 1871. The testator died in January, 1872. He left three children, all of whom he provided for. It is the bequest in favor of his daughter Caroline which causes the question that is now to be considered.. The testator devised to the trustees, in the first place, a house and lot, which…
1Opinion of the Court
Howell, V. C.
The doctrine of gifts by implication has received some attention in this court. In McCoury v. Leek, 14 N. J. Eq. (1 McCart.) 71 (1861), it was claimed that a wife took an estate for life in real estate by implication, and concerning the insistment Chancellor Green says: “All estates by implication are founded upon the supposed intent of the testator, and, where implications are allowed, they must be such as are necessary (or at least highly probable), and not mere possible implications. ‘In construing a will, conjecture must not be taken for implication, but necessary implication…
2Cases cited2 opinions
- Will of SchollWisconsin Supreme Court · 1898
- Elliott v. ElliottIndiana Supreme Court · 1889
3Cited by9 opinions
- Floor v. MitchellUtah Supreme Court · 1935
- In Re FinkenzellerNew Jersey Superior Court Appellate Division · 1929
- Atlas Acceptance Corp. v. Pratt, Dist. JudgeUtah Supreme Court · 1935
- Scarborough v. ScarboroughNew Jersey Court of Chancery · 1943
- Harness v. HarnessIndiana Court of Appeals · 1912
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