Legal Opinion
Trafton v. Bainbridge
New Jersey Court of Chancery
Decided July 25, 1938PublishedCited by 1 opinion
1Opinion of the Court
A motion to strike the bill of complaint was argued on the following notice:
"That under the `Third' clause of the will of Emma J. Dunkerley, deceased, her husband, William George Dunkerley, now deceased, took an estate in fee and became the absolute owner of said residuary estate, and the subsequent limitation over contained in the `Fourth' clause of said will is void as inconsistent with the right of said William George Dunkerley; and, also because a fee cannot be limited after a fee."
The third and fourth clauses of the will adverted to in the notice of motion reads as follows:
"Third: All…
2Cases cited22 opinions
- Gaston v. FordNew Jersey Court of Chancery · 1926
- Weaver v. PattersonNew Jersey Court of Chancery · 1920
- Annin's executors v. Vandoren's administratorNew Jersey Court of Chancery · 1861
- Johnson v. BowenNew Jersey Court of Chancery · 1915
- Second National, C., Co. v. BordenNew Jersey Court of Chancery · 1933
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Title Insurance & Trust Co. v. San Diego Hospital Ass'nCalifornia Court of Appeal · 1971