28 A.2d 544 | N.J. | 1942
This appeal had to do with construction of the will and codicil of Jean R. Herbert, deceased.
The decree under review will be affirmed, for reasons, in the main, expressed in the excellent opinion of Vice-Chancellor Berry, reported in
In the construction given to the codicil (which had to do only with the residuary estate) we agree with the learned Vice-Chancellor that John W. Herbert (since deceased), a brother of the testatrix, was, under the circumstances, i.e., the condition under which the residue was to be divided into twenty parts and which failed, entitled to the entire residue upon the death of Kate Herbert Kelly, who enjoyed a life estate therein.
As the court below pointed out, the law "abhors intestacy" and that the testatrix intended that intestacy should not result as to the residue of her estate admits of no doubt. It will be noticed that in the contingent disposition of the residue (Vide
Decree affirmed.
For affirmance — THE CHIEF-JUSTICE, BODINE, DONGES, HEHER, PERSKIE, PORTER, COLIE, DEAR, RAFFERTY, HAGUE, THOMPSON, JJ. 11.
For reversal — None.
*449For modification — PARKER, J. 1.