Douglass v. Bd. of Foreign Missions of Presbyterian Church in the U.S. of Am.
| Decision Date | 31 January 1933 |
| Docket Number | No. 182.,182. |
| Citation | 164 A. 489 |
| Parties | DOUGLASS et al. v. BOARD OF FOREIGN MISSIONS OF PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA et al. |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
Testator, upon the death of either of his daughters not having been married, made bequests to various religious and charitable institutions. Since neither of his daughters died "not having been married," the bequests fell.
Appeal from Court of Chancery.
Suit by Payson Stone Douglass and another, as trustees under the last will and testament of Levi P. Stone, deceased, and Carol D. Gordon and others, against the Board of Foreign Missions of the Presbyterian Church in the United States of America and others. From an adverse decree (110 N. J. Eq. 331, 160 A. 37), Carol D. Gordon appeals.
Reversed.
Wall, Haight, Carey & Hartpence (by Albert C. Wall), of Jersey City, for appellant Gordon.
Whiting & Moore, of Newark, for other appellants.
William S. Gnichtel, of Newark (Waldron M. Ward, of Newark, and Tompkins McIlvaine, of New York City, of counsel), for Board of Foreign Missions, etc.
Huston Dixon, of Trenton, for Trustees of Theological Seminary, etc.
The complainants filed a bill for the construction of the last will and testament of Levi P. Stone, of West Orange, N. J., who died December 31, 1884. Both of his daughters married.
By the tenth clause of his will, he provided, in part, as follows: "Upon the death of either of my said daughters not having been married, the one equal one-third part of the residue of my estate hereinbefore devised and bequeathed in trust for her shall be divided into six equal parts and be distributed as follows:" The charities mentioned assert that they take, even though both of the daughters died having been married.
The will is a lengthy one and provides for nearly every contingency which might happen, except the one that did happen. The testator had two daughters, Mrs. Douglass, the mother of the appellants, and Mrs. Whittimore, their aunt, who also made them, so far as she could, her beneficiaries. Mrs. Whittimore had no children or descendants, and at the time of her death was a widow.
It seems to us the reasons that prompted the testator to make the gift over, if either of his daughters died not having been married, are perfectly immaterial. He chose words having a perfectly clear and settled meaning and we cannot add or subtract from such expressions.
The Court of Chancery decided that...
To continue reading
Request your trial
-
Brock v. Hall
...at the time of death," which is the situation shown by the present record. (Douglass v. Board of Foreign Missions, 112 N.J.Eq. 361 [164 A. 489]; Deal v. Logan, 183 Okla. 513 [83 P.2d 563].) Nest, considering the rule of construction relied upon in the majority opinion, it appears that in th......
-
Pa. Co. For Banking & Trusts v. Clarkson
...Dictionary (3d Ed.) 1785; 66 C.J. 51; see, Douglass v. Board of Foreign Missions, &c., 110 N.J.Eq. 331, 335, 160 A. 37, reversed 112 N.J.Eq. 361, 164 A. 489. So that upon Julia's death survived by Pinckney, the status quo ante remained unaffected. Nor does the incidence of Pinckney's divorc......
-
Brock v. Hall
......us is the proper interpretation of an instrument by ...( Douglass v. Board of Foreign Missions , 112 N.J.Eq. 361 ......
-
N.J. Title Guarantee & Trust Co. v. Perry
...187; Scull v. Rosecrans, 104 N. J. Eq. 143, 144 A. 714; McDonald v. Clermont, 107 N. J. Eq. 585, 153 A. 601; Douglass v. Board of Foreign Missions, 112 N. J. Eq. 361, 164 A. 489. The complainant is advised that Mrs. O'Leary is not, at this time, entitled to the principal of the trust create......