Cook v. McDowell

Decision Date07 August 1894
Citation52 N.J.E. 351,30 A. 24
PartiesCOOK et al. v. McDOWELL et al.
CourtNew Jersey Court of Chancery

(Syllabus by the Court.)

Bill by Ellen P. Cook, Lewis S. Cook, and William W. Smalley, surviving executors of the estate of Lewis D. Cook, deceased, against Maggie V. D. McDowell and others, for the construction of deceased's will.

H. C. Suydam, for complainants.

McGILL, Ch. The object of the bill is to secure a construction of a portion of the will of Lewis D. Cook, deceased. Mr. Cook, domiciled at Bound Brook, in this state, died on the 25th of November, 1891. By his will, dated the 28th day of March, 1887, after appointing the executrix and executors of his will, directing the payment of his debts and funeral expenses, bequeathing to his widow his household goods, clothing, and a policy of life insurance, and devising to her a dwelling house for her life, he continued his will in this language: "Fourth. I do hereby order and direct my said executors, and the survivors or survivor of them, to grant, bargain, sell, and convey any or all of my lands and real estate to any person or persons, in fee simple or otherwise, at public or private sale, at such times and upon such terms as they shall think for the best interest of my estate. Fifth. I do hereby order and direct my executors, or the survivors or survivor of them, to invest, and reinvest when necessary, and in such manner and on such security as they may determine, the sum of twenty thousand dollars ($20,000), and to pay the interest accruing thereon semiannually to my wife for and during the period of her natural life, and after her death the said twenty thousand ($20,000) dollars to be divided in the same manner as the residuum of my estate. Sixth. I give, devise, and bequeath all the rest and residue of my property, both real and personal, to my six children, Emma S. Cook, wife of William W. Smalley, Ella P. Cook, Lewis S. Cook, Laura K. Cook, Frederick H. Cook, and Jessie M. Cook, to be divided equally among them, share and share alike, to them, their heirs and assigns, forever. In case any of my said children die before receiving their share, leaving issue, then I give, devise, and bequeath to such issue the share the parent would have taken if living." The testator's wife and children survived him. On the 3d of May, 1893, before there was any distribution of the father's estate, Frederick H. Cook, one of the children, died, without leaving issue, having duly made a will, in and by...

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16 cases
  • Rusch v. Melosh
    • United States
    • New Jersey Court of Chancery
    • July 26, 1943
    ...it. The complainants will be directed to pay the share in question over to the executors of Rosa.’ (Italics mine.) In Cook v. McDowell, 52 N.J.Eq. 351, 30 A. 24, the testator in the sixth paragraph of his will provided as follows: “I give, devise, and bequeath all the rest and residue of my......
  • In re Koellhoffer's Estate
    • United States
    • New Jersey Supreme Court
    • April 16, 1942
    ...the will first speaks—that is, the time of the testator's death. In re Collins' Estate, 99 N.J.Eq. 333, 338, 133 A. 188; Cook v. McDowell, 52 N.J.Eq. 351, 30 A. 24; Miller v. Worrall, 59 N.J.Eq. 134, 44 A. 890, affirmed in this regard 62 N.J.Eq. 776, 48 A. 586, 90 Am.St.Rep. 480. The words ......
  • Lockwood v. Clarke
    • United States
    • New Jersey Court of Chancery
    • February 1, 1945
    ...arrives. Beatty's Adm'r v. Montgomery's Ex'x, 21 N.J.Eq. 324; Bonnell's Ex'rs v. Bonnell, 47 N.J.Eq. 540, 20 A. 895; Cook v. McDowell, 52 N.J.Eq. 351, 30 A. 24; Miller v. Worrall, 59 N.J.Eq. 134, 44 A. 890, affirmed on this point 62 N.J.Eq. 776, 48 A. 586, 90 Am.St.Rep. 480; Redmond v. Gumm......
  • Ricardo v. Kelly
    • United States
    • New Jersey Prerogative Court
    • April 10, 1945
    ...v. Minchin, 90 N.J.L. 603, 101 A. 283; Drummond's Ex'r v. Drummond 26 N.J.Eq. 234; Gulick v. Gulick Ex'rs, 27 N.J.Eq. 498; Cook v. McDowell, 52 N.J.Eq. 351, 30 A. 24; Hoagland v. Cooper, 65 N.J.Eq. 407, 56 A. 705; Sayre v. Kimble, 93 N.J.Eq. 30, 114 A. 744; Schmieder v. Meyer, 97 N.J.Eq. 33......
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