New Jersey Title Guarantee & Trust Co. v. Parker
New Jersey Court of Chancery
On final hearing on bill, answer, replication and proofs. The original bill in this ease was a bill of interpleader and had relation to some securities in the possession of the- complainant which were claimed by the defendant Katherine Junkin and by the defendant Richard Fay Parker, as executor, and his children. In due course a decree of interpleader was passed and statements of claim were filed by the interpleading parties.
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On final hearing on bill, answer, replication and proofs. The original bill in this ease was a bill of interpleader and had relation to some securities in the possession of the- complainant which were claimed by the defendant Katherine Junkin and by the defendant Richard Fay Parker, as executor, and his children. In due course a decree of interpleader was passed and statements of claim were filed by the interpleading parties. The claim of Mrs. Junkin has for its object the establishment of a marriage settlement which, it is alleged, was intended to be executed by one Henry M. Parker in her…
1Opinion of the Court
Howell, V. C.
The essential difference between the two instruments above recited lies in the final destination of the fund of which Mr. and Mrs. Parker were life tenants. The earlier document provides for its distribution in accordance with Mr. Parker’s last will and testament, or, if he should die intestate, for its distribution among such persons as would be entitled to receive the same under the intestate laws of New York if he had died intestate and a citizen and resident of that state. It is obvious that in case it should be found that the instrument of 1903 is valid and *357is subsisting,…
2Cases cited3 opinions
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907
3Cited by7 opinions
- Hamilton Trust Co. of Paterson v. BamfordNew Jersey Court of Chancery · 1928
- Fidelity Union Trust Co. v. ParfnerNew Jersey Court of Chancery · 1944
- In Re KuserNew Jersey Superior Court Appellate Division · 1942
- In Re Central Home Trust Co.New Jersey Superior Court Appellate Division · 1960
- Simon v. ReillyNew Jersey Court of Chancery · 1940
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