Clark v. Morehous
New Jersey Court of Chancery
On final bearing on bill, answer, replication and proofs. Evi A. Martin died in the latter part of 1889. He left a will which was executed on July.9th, 1889, and was admitted to probate on November 12th, 1889. By the third paragraph of his will he created in favor of his daughter, Ann E. Morehous, a life estate in several bonds and mortgages and in some bank stock, “to have and collect the annual interest and dividends on all the bonds and mortgages and bank stock bequeathed…
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On final bearing on bill, answer, replication and proofs. Evi A. Martin died in the latter part of 1889. He left a will which was executed on July.9th, 1889, and was admitted to probate on November 12th, 1889. By the third paragraph of his will he created in favor of his daughter, Ann E. Morehous, a life estate in several bonds and mortgages and in some bank stock, “to have and collect the annual interest and dividends on all the bonds and mortgages and bank stock bequeathed in paragraph three during her natural life, and at her decease I devise the same to her children same manner as if she…
1Opinion of the Court
Howell, V. C.
Whether the complainant can have a lien on the properly which Martin L. Morehous transferred or attempted to transfer to him, or not, depends upon the construction of that portion of the will of Evi A. Martin which deals with the property in question. The gift upon the death of Ann Morehous is to a class, “her children,” and the devolution of the title.depends upon the *661peculiar rules of law relating to class gifts. These relate principally to the vesting of the title in a class and the opening of.the class from time to time to admit new members. Judge O’Brien, In re Russell, 168…
2Cases cited11 opinions
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Jenkins v. FreyerNew York Court of Chancery · 1833
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Camden Safe Deposit & Trust Co. v. ScottSupreme Court of New Jersey · 1937
- Rippel v. KingNew Jersey Court of Chancery · 1939
- Supp v. Second National Bank Trust Co.New Jersey Court of Chancery · 1925
- Schumacher v. Howard Savings InstitutionNew Jersey Court of Chancery · 1940
- Damron v. MastNew Jersey Court of Chancery · 1937
18 more not listed; retrieve them via the Exa API.