Legal Opinion

Passman v. Guarantee Trust & Safe Deposit Co.

New Jersey Court of Chancery

Decided December 15, 1898PublishedCited by 13 opinions

On bill, answer and proofs. This bill is filed by the complainants, one of whom claims to be the owner of two twenty-second parts and the other of nine twenty-second parts of the residuary estate of one Thomas Costello, who died in the year 1877. The testator had made his will, dated December 24th, 1875, which was proven on the 31st day of August, 1877, before the register of wills of the county of Philadelphia, Pennsylvania, where the testator was domiciled at .the time of…

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On bill, answer and proofs. This bill is filed by the complainants, one of whom claims to be the owner of two twenty-second parts and the other of nine twenty-second parts of the residuary estate of one Thomas Costello, who died in the year 1877. The testator had made his will, dated December 24th, 1875, which was proven on the 31st day of August, 1877, before the register of wills of the county of Philadelphia, Pennsylvania, where the testator was domiciled at .the time of his death. An exemplified copy of the will has been filed in the office of the surrogate of Atlantic county, under the…

1Opinion of the Court

Grey, V. C.

The whole contention in this case turns upon the construction of the effect of the residuary clause in the will of Thomas Costello, by which he gives the remainder of his property to two trustees, the survivor of them, and the executors, administrators and successors of the survivor, in trust to collect income, rent *276and revenue, pay taxes and repairs and the expense of the trust, and to pay over the net income annually in twenty-two parts, unequally distributed among named beneficiaries. The portions of the net income given to each beneficiary are expressed to be given to him, “…

2Cases cited1 opinion

  1. Earl v. GrimNew York Court of Chancery · 1815

3Cited by13 opinions

  1. New York Ex Rel. Cohn v. GravesSupreme Court of the United States · 1937
  2. National Newark v. Arthur, C., Blind BabiesNew Jersey Court of Chancery · 1933
  3. Danker v. CooperNew Jersey Court of Chancery · 1933
  4. Joselson v. JoselsonNew Jersey Court of Chancery · 1934
  5. Duane v. StevensNew Jersey Court of Chancery · 1945

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