35 N.J. Eq. 461 | N.J. Super. Ct. App. Div. | 1882
Julius G. Kahl, then of Jersey City, died there August 19th, 1880. He made his will on the 3d of March in that year, and a codicil thereto on the 24th of July following. The surrogate of Hudson county admitted both instruments to probate in Septémber, 1880. From his proceedings the appellant, the widow,
The will, after directing payment of debts, gives to his son Charles $700, to be in full of all claims by him for services rendered to the testator. He had served his father in the business of the latter for many years, and had received no compensation, except his board and clothing, and the testator intended to pay him by that legacy. The testator then gives his household furniture to his wife, and directs his executors to sell and dispose of all the remainder of his personal estate and convert it into money, and, after paying his debts and the legacy to Charles, to divide the remainder into three equal parts, and pay one of them to his wife, one to Charles, and the other to his daughter Henrietta. He had only those two children. He then provides for the sale of his business to Charles (if he should not have disposed of it before his death), if Charles should wish to buy it, and provided, also, that if Charles shall purchase it he shall not be required to pay cash for it, but shall be charged with the amount on account of his legacy. He then gives all his real estate to his executors in trust, to collect all the rents and revenues thereof until they shall sell it, and out of the rents
“ He told me he wished to make a change in his will, and I did so; he wanted it expressed in the will that the legacy to his son should not be paid until his daughter should be eighteen years of age, and he also said that he had his life insured in the masonic order, and he did not know whether the will would cover that life insurance, and wanted it so fixed that the life insurance should be equally divided between his wife and his son and daughter; I asked him whether the insurance was payable to his executors or administrators, or whether it was payable to his widow in case he should die; he told me that he did not know; I told him that if it was payable to his widow he had no power to dispose of it by will; he then said if .it is payable to her, and she gets it, then I want the amount deducted from her share of the estate, I then drew the codicil in accordance with his directions; he was very feeble in body, but his mind appeared to be perfectly clear; I knew nothing about this life insurance, except what he told me; when I called at the house he expressed the wish that he and I should be alone in the room, and directed me to lock the door, which I did.”
After Mr. Garrick had drawn the codicil, he told the testator that it would be necessary to have another person besides himself for a witness, and thereupon the testator called in his son and told him to go out and get some neighbor who could write his name, to come in. The son obeyed, and brought in Mr. Rosenow, who, with Mr. Garrick, witnessed the instrument. Mr. Rosenow says he saw the testator make his mark (he was too weak to write) before he signed as a witness, and he heard him
It is urged, however, that the codicil ought to be denied pro