Beideman v. Sparks
New Jersey Court of Chancery
On demurrer to bill. Tliis cause is presented by a demurrer to the complainant's bill. All well-pleaded facts set up in the bill of complaint are therefore admitted to be true. It appears by the bill that the complainants are all of the next of kin and heirs-at-law and ultimate devisees and legatees of Benjamin C. Beideman, deceased, who died on the 29th day of September, 1898, testate, leaving him surviving Ms widow, Ruthanna, and his children, the complainants.
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On demurrer to bill. Tliis cause is presented by a demurrer to the complainant's bill. All well-pleaded facts set up in the bill of complaint are therefore admitted to be true. It appears by the bill that the complainants are all of the next of kin and heirs-at-law and ultimate devisees and legatees of Benjamin C. Beideman, deceased, who died on the 29th day of September, 1898, testate, leaving him surviving Ms widow, Ruthanna, and his children, the complainants. His will was proven in Camden county surrogate's office, and is set forth in full. The following is a copy: “In the name of God,…
1Opinion of the Court
Gkey, V. C.
The obvious and expressed intent of the testator was that all his property, ieal and personal, should be enjoyed by his widow during her natural life, and that at her death it should be equally divided among his children, the complainants.-
The trust and the vesting of the title in the trustee, the provision that he shall invest the money arising from sale of the estate, and that he shall pay over the interest and also the rents to the widow, and the direction that he “shall serve as such [trustee] during the natural life of my said wife, Ruthanna,” are all of them prescriptions of…
2Cited by14 opinions
- Anthony v. Camden Safe, C., Co.New Jersey Court of Chancery · 1930
- Bennett v. Fidelity Union Trust Co.New Jersey Superior Court Appellate Division · 1938
- In Re Estate of PageNew Jersey Superior Court Appellate Division · 1970
- Bennett v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1937
- Simpkins v. SimpkinsNew Jersey Court of Chancery · 1942
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