City-bank Farmers' Trust Co. v. Rideal, 158/575.

• Decision Date: 19 October 1948
• Docket Number: No. 158/575.,158/575.
• Citation: 61 A.2d 578
• Parties: CITY-BANK FARMERS' TRUST CO. v. RIDEAL et al.
• Court: New Jersey Superior Court

61 A.2d 578

CITY-BANK FARMERS' TRUST CO.

v.RIDEAL et al.

No. 158/575.

Superior Court of New Jersey, Chancery Division.

Oct. 19, 1948.

Syllabus by the Court.

Where there is a doubt as to the identity of a legatee named in a will, extrinsic evidence is permissible which, in its nature and pertinency, is explanatory of the intention of the testator.

Proceeding by City-Bank Farmers' Trust Company, a New York corporation, as testamentary trustee under the last will of William A. Paton, deceased, against Margaret Atlee Jackson Rideal and others, for construction of the will of deceased.

Judgment in accordance with opinion.

Wurts & Plympton, of Hackensack (William H. Wurts, of Hackensack, of counsel), for plaintiff.

Pitney, Hardin, Ward & Brennan, of Newark (Donald B. Kipp, of Newark, of counsel), for defendants Margaret Atlee Jackson Rideal and others.

Sydney G. Soons, of Newark, for defendants William Paton, II and others.

Harrison F. Durand, of Newark, guardian ad litem for infant defendants Margaret Paton and others.

Lum, Fairlie & Foster, of Newark (Chester W. Fairlie, of Newark, of counsel), for defendant National Academy of Design.

JAYNE, Judge.

In the pursuit of its fiduciary duties as trustee under the directions of the last will and testament of William A. Paton, deceased, the plaintiff has encountered some incertitude concerning the identity of some of the beneficiaries signified by the testator in the seventh article of his will.

The perplexing ambiguity arises in the testamentary disposition ‘to the grandchildren of said William Paton then living and the issue of any deceased grandchild, per stirpes and not per capita,’ which is here transcribed:

‘Seventh: All the rest, residue and remainder of my estate, real and personal, I give devise and bequeath to said Farmer's Loan & Trust Company, in trust as follows:

‘1. To invest and re-invest the same, to collect the income thereof, and to pay the net income thereof as received, but without anticipation to my wife, Margaret Atlee Jackson, daughter of Philip Nye Jackson, during the term of her life.

‘2. On the death of my said wife, to pay and divide the same to and among my children then living and the issue of any deceased child, per stirpes and not per capita, the principal of the share of any child or issue not to be paid to said child or issue until he reaches the age of twenty-one years.

‘3. In the event of the death of my wife before me, leaving no children of mine or issue of any deceased child me surviving, or of her death after me leaving no children by me her surviving, or issue of any deceased child, then on her death I direct that the sum of Twenty-five Thousand Dollars ($25,000.00) be paid from said trust fund to the National Academy Of Design in the City of New York, the same to be invested and the income thereof to be given annually as a prize for painting to the artist, born in the United States and resident therein for three years previous to the award, who shall be chosen by an annual competition, the terms and conditions of which shall be fixed by said National Academy of Design. One-half of the remainder of said trust fund I give, devise and bequeath to the grandchildren of said William Paton then living and the issue of any deceased grandchild, per stirpes and not per capita, and the other half, or the whole thereof failing said grandchildren or their issue, shall go as my wife shall by her last Will and Testament provide.’

The name ‘William...