99 N.J. Eq. 625 | N.J. Ct. of Ch. | 1926
This is a bill for the construction of the will of one Gottfried J. Goetter. The will is as follows:
"I give and bequeath all my personal property to my beloved wife, Johanna Goetter, so that she shall after my decease have and hold all that I may be rightfully possessed of at the time of my decease, and she may hold it or dispose of the whole or any part of it as she thinks best, without let or hinderance from any so person whosoever. And she may draw money from banks or any other securities on my name, also collect or sue for any money due me at the time of my decease. In short, she shall have all the right that I have as well in law as in equity."
The testator died in 1913, and thirteen years elapsed before any attack was made on the validity of the will. Testator's children, apparently, acquiesced in the theory that the property was that of their mother. Two grandchildren now dispute this and insist that their grandfather died intestate as to his real estate, owing to the fact that the will *626 "gives and bequeaths all my personal property," and says nothing about real estate. At the time of the making of the will testator owned no real estate. At his death he owned the real estate in dispute, and, practically, no personal property.
Testimony was admitted over objection tending to show that testator had said, on or about the time the will was made, that he desired his wife to have his entire estate. Also, that the will was prepared by one Seidel, a layman, a justice of the peace. I do not think it is necessary to consider the extraneous testimony. My conclusion is based upon a careful consideration of the wording of the will itself.
In the first place, "a will ordinarily speaks from the time of the death of the testator." 40 Cyc. 1424; Voorhis v. Otterson,
I will advise a decree in accordance with these conclusions. *627