Post v. Herbert's Executors
Supreme Court of New Jersey
The will of John Herbert, late of the county of Somerset, •contained -the following clause: “ I give and devise to my said executors all that tract of land and premises situated in the county of Genesee and ■State of New York, now in the occupancy of Abraham Post, being the same conveyed to me by the said Abraham? .Post, by deed dated the 6th day of November, 1838, and in said deed particularly described, as by reference to the same,, recorded in the Genesee county-clerk’s…
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The will of John Herbert, late of the county of Somerset, •contained -the following clause: “ I give and devise to my said executors all that tract of land and premises situated in the county of Genesee and ■State of New York, now in the occupancy of Abraham Post, being the same conveyed to me by the said Abraham? .Post, by deed dated the 6th day of November, 1838, and in said deed particularly described, as by reference to the same,, recorded in the Genesee county-clerk’s office, in Book 51 of' , Heeds, page 200, will appear,, to- have and hold the same in trust for- the. use of the said…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
It will be observed that by the legatory clause which prefaces this opinion, the testator, John Herbert, devises to his executors the farm in question, to hold the same in trust for the use of his son-in-law, Abraham Post, until the youngest child of the deceased daughter of the testator, the late wife of the said Abraham, should attain the age of twenty-one years. Accompanying this trust, is a power in the trustees, ■dependent on the written assent of the cestui que trust, to sell the land, putting the proceeds to' the same use…
2Cited by20 opinions
- Traverso v. TraversoNew Jersey Court of Chancery · 1926
- Fidelity Union Trust Co. v. RowlandNew Jersey Court of Chancery · 1926
- Schumacher v. Howard Savings InstitutionNew Jersey Court of Chancery · 1940
- Rusch v. MeloshNew Jersey Court of Chancery · 1943
- Sadler v. BergstromNew Jersey Court of Chancery · 1933
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