Hopkins v. Remy
| Decision Date | 08 December 1902 |
| Citation | 53 A. 676,64 N.J.E. 12 |
| Parties | HOPKINS et al. v. REMY. |
| Court | New Jersey Court of Chancery |
(Syllabus by the Court.)
Bill by Augusta J. Hopkins and James P. Minturn against Clara Remy to construe a will. Decree rendered.
On bill for the construction of the following clause of the will of Charlotte Jordon, deceased:
"I give, devise, and bequeath unto my executrix, Augusta Jordon Hopkins, aforesaid, and my executor, James F. Minturn, counselor at law, of Hoboken, all the real estate of which I may die seised, and particularly the premises known as numbers 609 and 611 Washington street, in the said city of Hoboken, being fifty feet in width by one hundred feet in depth, in trust to collect the rents, issues, and profits thereof during the lifetime of my sister, Clara Remy, of Dudley, Illinois, and to pay over to her during her lifetime, out of said rents, issues, and profits, the sum of five hundred dollars semiannually, and, after paying all taxes and other municipal charges against the same, to deposit the surplus of such rents to their credit in bank, at interest, until the decease of my said sister; and, as soon as convenient after the decease of my said sister, I order, empower, and direct my said trustees to sell the said real estate at public or private sale, as they may deem best, and then to divide the proceeds of said sale, together with the rents in bank as aforesaid, in three equal parts, and pay the same over, in equal parts, after the payment of all necessary expenses, to my said brothers, Jeremiah Moreau and Francis Moreau, and to my husband's said niece, Augusta Jordon Hopkins, and, in the event of their death, then to their children, or the survivors of them; and I hereby order, direct, and empower my said trustees to make, execute, and deliver to the purchaser or purchasers of said real estate good and sufficient deed or deeds to convey the same, and the said purchaser or purchasers shall not be obliged to see to the application of the purchase moneys as aforesaid."
James F. Minturn, for complainants.
MAGIE, Ch. (after stating the facts). The complainants, as executors and trustees under the will of Charlotte Jordon, deceased, who died September 12, 1899, seek a construction of the clause of said will set forth in the statement prefacing this opinion. They charge and prove that the rents which were collectible out of the lands devised to them in trust by said clause have not produced, and are not likely in future to produce, the sum of $1,000 annually, beyond the expenses of collecting, the repairs necessary to preserve the buildings on said lands, insurance of said buildings against fire, and the taxes and water rents imposed by municipal authority. They further charge that Mrs. Remy, to whom the clause directs them to pay $500 semiannually, insists that she is entitled to such payment every six months, and that if the rents, issues, and profits of the lands are insufficient to produce that sum, she is entitled to have any deficiency made up from other portions of the estate, or from a sale of the lands devised by said clause. It is to be regretted that the defendant who makes the claims which occasion this appeal to the court has...
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Republic Nat. Bank of Dallas v. Fredericks
...trustees are not permitted to pay out any portion of the principal unless the will specifically so authorizes.' See also Hopkins v. Remy, 64 N.J.Eq. 12, 53 A. 676; Kling v. Van Cleeve, 106 N.J.Eq. 302, 150 A. 684. A like indication that the corpus of trust is not to be disturbed is stated i......
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First Nat. Bank of Toms River v. Levy
...out of income? So far as this court is concerned, the question is not an open one, but must be considered as disposed of by Hopkins v. Remy, 64 N.J.Eq. 12, 53 A. 676; and Kling v. Van Cleeve, 106 N.J.Eq. 302, 150 A. 684. See, also, Blanchard v. Blanchard, supra, and Pennington v. Metropolit......
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...at the expense of the residuary legatees. Welsh v. Brown, 43 N.J.L. 37; Johnson v. Conover, 54 N.J.Eq. 333, 35 A. 291; Hopkins v. Remy, 64 N.J.Eq. 12, 53 A. 676; Kling v. Van Cleeve, 106 N.J.Eq. 302, 150 A. 684; First Nat. Bank of Toms River v. Levy, 123 N.J.Eq. 21, 195 A. 820. As we read a......
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