Kelly v. Pitney

The opinion of the court was delivered by

Trenchard, J.

This action is brought under “An act concerning legacies” (3 Comp. Slat., p. 3087), by Margaret Kelly, to recover a legacy bequeathed to her in and by the sixth paragraph of the will of Marcus L. Ward, deceased, reading as follows:

“Sixths — I give and bequeath to my faithful servants, Samuel Billings. Margaret Kelly and Lizzie Birne, of said city of Newark, who have been in my employ for many years, the sum of five thousand ($5,000) dollars each, provided they are living, and in my employ at the time of my death, such gifts to be paid free…