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Stoffels v. Stoffels

Decided: February 18, 1952.

EMMA L. STOFFELS, SUBSTITUTED TRUSTEE UNDER THE WILL OF PETER GEORGE STOFFELS, DECEASED, PLAINTIFF,
v.
ANNA STOFFELS, MILDRED E. STOFFELS, LOUIS W. STOFFELS, ALICE E. STOFFELS, CHARLES J. STOFFELS, CHRISTINA TAYLOR, MARIA S. CANAN, MARTHA FANSLAU, HELEN BROWN, CATHERINE BYRNES, JOHN NACY, CATHERINE WILBERHAM, GEORGE STOFFELS, THOMAS STOFFELS AND DOROTHY STOFFELS, DEFENDANTS



Haneman, J.s.c.

Haneman

[18 NJSuper Page 302] Plaintiff herein has filed a complaint seeking the construction of the will of Peter George Stoffels.

The said Peter George Stoffels died on November 24, 1940, leaving a last will and testament, under and by the terms of which, having first directed the payment of his debts, etc., he, by paragraphs Second to Ninth, inclusive, left $1 to each of his children except a daughter, Anna Stoffels, and a son, Louis A. Stoffels.

By paragraph Tenth of his said will he provided as follows:

"All the rest, residue and remainder of my estate, whether real, personal or mixed, I give, bequeath and devise to my executor hereinafter named for the uses and purposes hereinafter set forth:

(a) He to manage and operate my farm and do all things necessary for the proper management thereof which in his discretion he deems advisable for the good thereof:

(b) To pay one half of the net income thereof to my wife, Augusta Stoffels, during the term of her natural life:

(c) To use so much of the income thereof as shall remain for the benefit and maintenance of my daughter Anna Stoffels for her comfort and necessities such as she has been accustomed to in my home, or as the circumstances may permit or warrant:

(d) Any balance of net income that may remain I direct that my executor hereinafter named have the same for his own use and benefit:

(e) Upon the death of my wife Augusta Stoffels, I direct that the one half of the net income from my said estate be divided equally between my daughter Anna Stoffels and my son Louis A. Stoffels.

(f) If my daughter Anna Stoffels should predecease my son Louis A. Stoffels, then the share of the net income that she would be entitled to under this will, if living, be paid to my son Louis A. Stoffels:

(g) If my son Louis A. Stoffels should predecease either my wife Augusta Stoffels or my daughter Anna Stoffels, then I direct that his personal representative, entitled by law, or by his will to administer his estate, shall carry out the trust herein imposed, in the same manner as though my son Louis A. Stoffels had survived my wife and my daughter Anna Stoffels:

(h) Upon the death of my wife, Augusta Stoffels, and my daughter Anna Stoffels, then I give, bequeath and devise my entire estate then remaining, in fee to my son Louis A. Stoffels if he survive them, and in the event that my son Louis A. Stoffels should not survive them, then I give and bequeath my ...


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