New Jersey Equity Reports Volume 65

New Jersey Equity Reports Volume 65

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...80 N. Y. 320; Dill v. Wisner, 88 N. Y. 153, ' Wager v. Wager, 89 N. Y. 161. The cases in which this court has exercised jurisdiction to construe wills are very numerous. Most of them are cases in which the trustee, or one charged with duties of a fiduciary character, has sought the aid of the court to direct him with respect to his official duty as trustee and in which the determination as to what direction should be given is involved with the construction of the will. Y ournans v. Y oumans, 11 C. E. Gr. 1--//9; Drammond v. Drammona', 11 C. E. Gr. 234; Dildine v. Dildine, 5 Stew. Eq. 78; Stevens v. Dewey, 10 Dick. Ch. Rep. 232; Robeson v. Shot'well, 10 Dick. Ch. Rep. 318; S. C., 10 Dick. Ch. Rep. 824; Casperson v. Dunn, 15 Stew. Eq. 87, ' Torrey v. Torrey, 10 Dick. Ch. Rep. 410; Bird v. Hawkins, 13 Dick. Ch. Rep. 229; Palmer v. Sinnickson, 14 Dick. Ch. Rep. 530; Miller v. Worrall, 14 Dick. Ch. Rep. 134;.S. C., 17 Dick. Ch. Rep. 776; Wooster v. Cooper, 14 Dick. Ch. Rep. 204; Stewart v. Stewart, 16 Dick. Ch.. Rep. 25. There are other cases in which this court, under its general equitable jurisdiction, construes wills and other writings in determining whether the particular relief sought by the bill is proper to be given, as upon bills for injunction, interpleader, &c. Benham v.-Hendriekson, 5 Stew. Eq. 41,1; Dasenberry v. Johnson, 14-Dick. Ch. Rep. 336. In no case has it been asserted that the court may be asked and compelled to construe a will except as incident to some relief which may be afforded by a decree. It has been expressly held that the court will not construe wills for the sake of giving counsel and advice to. the parties, but only for the purpose of giving positive directions for the action of the trustee. Stewart...
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Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236743814
  • 9781236743817