Camden Safe Deposit & Trust Co. v. Holl

New Jersey Court of Chancery

Camden Safe Deposit & Trust Co. v. Holl

157 A. 848, 10 N.J. Misc. 67, 1931 N.J. Ch. LEXIS 26

DecidedNovember 16, 1931

StatusPublished

This text of 157 A. 848 (Camden Safe Deposit & Trust Co. v. Holl) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Camden Safe Deposit & Trust Co. v. Holl, 157 A. 848, 10 N.J. Misc. 67, 1931 N.J. Ch. LEXIS 26 (N.J. Ct. App. 1931).

Pincite

Opinion

Ingeesold, V. C.

The first question is, have the trustees power to sell and convey certain premises, not specifically mentioned? It is [68]*68apparent from the context of the will that the trustees have an implied power of sale to convey said premises.

Second, in the will, the trustees were directed to distribute, among others, two-elevenths of the estate to one Caroline Yalet, a sister of the deceased; that the said Caroline Yalet survived the testator and died September 30th, 1914, leaving her surviving a daughter, Ada C. Eisley, who is still living and of full age, and descendants of two deceased daughters, Emma Y. Sutherland and Yiolet Neubauer. Emma Y. Sutherland predeceased the testator and died October 30th, 1903, leaving a daughter, Eita S. Erey, who died after the testator on November 15th, 1919, leaving as her only heir a son, Edward Frey. The said Yiolet Neubauer survived the testator and died April 22d, 1913, leaving four children, to wit, Carrie Pedrick, Frank Neubauer, Louis Neubauer and Yiola Standenmaier.

The said two-elevenths should be divided as follows: One-third to Ada C. Eisley, one-third to Edward Frey as the sole representative of Emma V. Sutherland, and one-third in equal parts to Carrie Pedrick, Frank Neubauer, Louis Neubauer and Yiola Standenmaier, as representatives of the said Violet Neubauer.

A decree in accordance with these views will be advised.

Free access — add to your briefcase to read the full text and ask questions with AI

Ingeesold, V. C.

The first question is, have the trustees power to sell and convey certain premises, not specifically mentioned? It is [68]*68apparent from the context of the will that the trustees have an implied power of sale to convey said premises.

Second, in the will, the trustees were directed to distribute, among others, two-elevenths of the estate to one Caroline Yalet, a sister of the deceased; that the said Caroline Yalet survived the testator and died September 30th, 1914, leaving her surviving a daughter, Ada C. Eisley, who is still living and of full age, and descendants of two deceased daughters, Emma Y. Sutherland and Yiolet Neubauer. Emma Y. Sutherland predeceased the testator and died October 30th, 1903, leaving a daughter, Eita S. Erey, who died after the testator on November 15th, 1919, leaving as her only heir a son, Edward Frey. The said Yiolet Neubauer survived the testator and died April 22d, 1913, leaving four children, to wit, Carrie Pedrick, Frank Neubauer, Louis Neubauer and Yiola Standenmaier.

The said two-elevenths should be divided as follows: One-third to Ada C. Eisley, one-third to Edward Frey as the sole representative of Emma V. Sutherland, and one-third in equal parts to Carrie Pedrick, Frank Neubauer, Louis Neubauer and Yiola Standenmaier, as representatives of the said Violet Neubauer.

A decree in accordance with these views will be advised.

Cite This Page — Counsel Stack

Bluebook (online)

157 A. 848, 10 N.J. Misc. 67, 1931 N.J. Ch. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camden-safe-deposit-trust-co-v-holl-njch-1931.