Chambers v. Sharp
New Jersey Court of Chancery
On bill and answer. This bill is filed by the executors and trustees under the last will of Anna Eliza Eggman. The testatrix died in September, 1883, owning real and personal property in this state. She was a widow, and her heirs-at-law and next of kin were her brothers, Charles II. Ellis and Simeon Ellis, and her sisters, Mary Chambers and Emily Sage.
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On bill and answer. This bill is filed by the executors and trustees under the last will of Anna Eliza Eggman. The testatrix died in September, 1883, owning real and personal property in this state. She was a widow, and her heirs-at-law and next of kin were her brothers, Charles II. Ellis and Simeon Ellis, and her sisters, Mary Chambers and Emily Sage. Mrs. Eggman left a will dated January 30th, 1882, which was proven in Camden coupty by the executors, and letters testamentary were issued to them. The following is a copy of the will: “I, Anna Eliza Eggman, widow of Benjamin F. Eggman, of…
1Opinion of the Court
Grey, Y. C.
There is no gift by the testatrix in this will of the fee in the-lands whereof she died seized. The direction to the executors is-to hold real estate “during the lives” of testatrix’s brother and sister and the life of the survivor of them, and to pay the net profits thereof to them and the survivor- of them, and, upon the-death of the survivor, to sell at public sale, &c.
The obvious purpose of the testatrix, by this devise, is not to-pass title to the executors by a fee-simple estate, but only a control during the lives of the two named beneficiaries, at most but a life estate.
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2Cited by3 opinions
- Cox v. RuslingCourt of Appeals for the Third Circuit · 1936
- Dawson v. PineCamden County Circuit Court, N.J. · 1928
- In re WoolfDistrict Court, D. New Jersey · 1941