Wright v. Gaskill

• Decision Date: 06 August 1908
• Citation: 74 N.J.E. 742,72 A. 108
• Parties: WRIGHT v. GASKILL et al.
• Court: New Jersey Court of Chancery

72 A. 108

74 N.J.E. 742

WRIGHT

v. GASKILL et al.

Court of Chancery of New Jersey.

Aug. 6, 1908.

Bill for partition by Harrison G. Wright against John R. Gaskill and others. On objections to master's report. Recommendations disregarded in part, and decree ordered accordingly.

Jonathan H. Kelsey, for complainant Aaron V. Dawes, for defendants.

WALKER, V. C. Upon the filing of the master's report in this cause, objections to the same were made in open court on behalf of the defendants John R. Gaskill and Anna S. Hawkins, under rule 166 of this court, which provides for that course, instead of the filing of exceptions.

The question presented for solution concerns the construction of the will of John Gaskill, under whom the parties, complainant and defendants, claim by way of devise. It is the fourth item of the will of the deceased of which a construction is sought. The pertinent parts of it read as follows: "I give and bequeath unto my nephew John Gaskill and my niece Elizabeth P. Gaskill, children of my brother William Gaskill all the farm and plantation whereon l now reside together with all the stock farming implements, household goods and kitchen furniture at the time of my decease to them or the survivor of them for and during the term of their natural life or lives of them the said John and Elizabeth P. Gaskill, and after their death to their lawful issue, in fee simple absolute by their paying out of the rents issues and profits of said farm and plantation aforesaid the sum of four hundred dollars yearly and every year unto my beloved wife Sarah Gaskill during the full term of her natural life in semi-annual payments, that it to say two hundred dollars every six months. And I do hereby order and direct that the farm and plantation aforesaid shall be held chargeable and subject to the payment of the aforesaid bequest made and given to my said wife, and that my said wife shall have the use and occupation of the said house upon the farm and plantation and all my household goods and kitchen furniture for her own use so long as she may remain upon said farm." John Gaskill, the testator, died in January, 1856, John Gaskill, one of the life tenants, died in November, 1901, and Elizabeth P. Wright (nee Gaskill), the other one, died in June, 1907. The testator's widow resided on the premises and received the annuity bequeathed to her until her death in June, 1883. John Gaskill, one of the life tenants, died intestate, leaving his widow, Sarah L. Gaskill and two children, namely, Annie S. Hawkins (nee Gaskill) and John R. Gaskill, him surviving. Elizabeth P. Wright, the other life tenant, died intestate, leaving her husband, Walter L. Wright, and five children, namely, Harrison G. Wright, Mary R. Hendrickson (nee Wright), Walter L. Wright, Jr., Bessie G. Wright, and...