Hadden v. Dandy
New Jersey Court of Chancery
Heard on bill and answers. The object of the bill is to obtain the direction of the court in the final execution of the will of James H. Dandy, deceased. The clause of the will upon which the executor is in doubt is as follows : “ Third.
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Heard on bill and answers. The object of the bill is to obtain the direction of the court in the final execution of the will of James H. Dandy, deceased. The clause of the will upon which the executor is in doubt is as follows : “ Third. All the rest and residue of my property both real and personal I give and devise to my executor hereinafter, named, in trust nevertheless, to pay all the interest, income and profits thereof to my wife during the term of her natural life, and upon her death to pay and dispose of said principal sumías follows, viz., to my niece Sarah D. Huff the sum of fifteen…
1Opinion of the Court
Pitney, V. C.
I think there can be no doubt that the two societies named by the testator in his will are respectively the local Methodist society of Belturbet and the general Methodist society of Ireland. The addition by the testator of the word “ Wesleyan ” does not, in my judgment, throw the least doubt on his meaning. The previous existence there of two societies of one faith and, in the main, of one discipline, with one of which he was connected, and their subsequent union into one society, of which union he was probably aware, seems to leave no room for doubt. The case, as to this part of…
2Cases cited9 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- White v. . HowardNew York Court of Appeals · 1871
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Potter v. ChapinNew York Court of Chancery · 1837
- King v. WoodhullNew York Court of Chancery · 1837
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3Cited by3 opinions
- In Re PfizerNew Jersey Superior Court Appellate Division · 1954
- Guaranty Trust Co. v. Catholic, C., N.Y.New Jersey Court of Chancery · 1948
- N.J. Title v. American, Red CrossNew Jersey Court of Chancery · 1932