Atterbury v. Stafford
New Jersey Court of Chancery
On bill for construction of a will. Samuel B. Stafford died on October 16th, 1897, leaving a will, the fourth clause of which reads thus: “ To the children of Dr. James B. Stafford, I bequeath $500 apiece; if any of his said children shall have died prior to my death leaving issue, such issue shall receive the share which the parent would have taken.” The admitted facts are these: The testator had one brother, Joseph B. Stafford, and one sister, Sarah S. Stafford.
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On bill for construction of a will. Samuel B. Stafford died on October 16th, 1897, leaving a will, the fourth clause of which reads thus: “ To the children of Dr. James B. Stafford, I bequeath $500 apiece; if any of his said children shall have died prior to my death leaving issue, such issue shall receive the share which the parent would have taken.” The admitted facts are these: The testator had one brother, Joseph B. Stafford, and one sister, Sarah S. Stafford. Joseph B. Stafford died before the testator made his will. Joseph B. Stafford left the following children: Robert C. Stafford,…
1Opinion of the Court
Reed, V. C.
The bill charges that there is no such person as Doctor James B. Stafford; that there is a James B. Stafford, but that he is not a doctor. It charges that Joseph B. Stafford was a physician and that he was the person intended by the testator, whom he described as Dr. James B. Stafford. The extrinsic testimony displays an alleged ambiguity. The legate§ whose children are to take is said to be either misdescribed or misnamed. Therefore, to enable the court to strike out what is false in the designation of the legatee, and so carry out the intent of the testator, parol testimony has…
2Cases cited2 opinions
- Smith v. SmithNew York Court of Chancery · 1832
- Vernor v. HenrySupreme Court of Pennsylvania · 1834
3Cited by2 opinions
- In Re HoffmanNew Jersey Superior Court Appellate Division · 1959
- Orcutt v. HoytNew Jersey Superior Court Appellate Division · 1950