87 N.J. Eq. 584 | New York Court of Chancery | 1917
This is the familiar friendly suit in specific performance to determine the validity of a title. The conclusions I have reached renders it unnecessary for me to express an opinion as to whether the title is valid or not. Complainants derive their title from Esther C. Shelby,- their mother. The will, so far as material, provides as follows:
“I give, devise and bequeath to my said daughter Edna D. and my said daughter Mabel E., their heirs and assigns to be divided between them, share and share alike [the property in question and also certain personal property]. * * * In case either of my said daughters dies without issue, and intestate, her share in said house lots and stable and contents thereof shall go, to the- survivor.”
So, with respect to the po-wer 'to release the right of testamentary disposition. I have considered the numerous cases cited by the complainant, and Norris v. Thomson’s Executors, 19 N. J. Eq. 307, in the court of chancery, and Thomson’s Executors v. Norris, supra (at p. 524). Chief-Justice Beasley, in the latter case, said that “I have not found any ease in
I will advise a decree dismissing the bill. '