Seddel v. Wills
Supreme Court of New Jersey
This cause came before the court for its opinion, upon a case made and certified, by direction of the chancellor. Samuel Wills, at the time of making his will and at his death, had three sons, six daughters and one grand daughter, Rebecca, the child of a deceased daughter. By his will, he devised in fee to each of his sons and daughters a specific tract of land; and to his grand daughter he gave a legacy of two hundred pounds.
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This cause came before the court for its opinion, upon a case made and certified, by direction of the chancellor. Samuel Wills, at the time of making his will and at his death, had three sons, six daughters and one grand daughter, Rebecca, the child of a deceased daughter. By his will, he devised in fee to each of his sons and daughters a specific tract of land; and to his grand daughter he gave a legacy of two hundred pounds. The clause then succeeds, upon which the questions involved in this case arise; “ Item, I will that if either of my sons, Thomas or Samuel, should die without lawful…
1Opinion of the Court
The opinion of the Court was delivered by
Hoknbloweb, C. J.
The first question that presents itself on the face of the will, is whether the primary devisees took estates tail with, cross remainders over, or estates in fee, subject to *225be defeated on the death of the devisees without issue living at the time of their deaths respectively. According to the decision of this court in Den v. Allaire, 1 Spencer R. 6, and which I hope has settled definitively in this state, the effect of such a limitation over to survivors, the primary devisees under this will took estates in fee, subject to be…
2Cited by2 opinions
- In Re PleasontonNew Jersey Superior Court Appellate Division · 1957
- Fidelity Union Trust Co. v. CavanaghNew Jersey Superior Court Appellate Division · 1960