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Zeigenfus v. Snelbaker

Decided: November 30, 1955.

HELEN S. ZEIGENFUS AND ELMER F. ZEIGENFUS, HER HUSBAND, PLAINTIFFS,
v.
WILSON A. SNELBAKER AND RUTH L. SNELBAKER, HIS WIFE; RUTH FOX AND HERBERT FOX, HER HUSBAND; THE WOODBURY TRUST COMPANY, TRUSTEE U/W WILLIAM B. SNELBAKER, DECEASED; THE WOODSTOWN NATIONAL BANK AND TRUST COMPANY AND S. RUSLING LEAP, TRUSTEES U/W ASHBROOK D. SNELBAKER, DECEASED; ELLA S. LOVELAND AND ARTHUR S. LOVELAND, HER HUSBAND; AND SARAH T. SNELBAKER, DEFENDANTS



Haneman, J.s.c.

Haneman

The sole question herein is the distribution of the proceeds of a sale resulting under a suit for partition. The facts in connection herewith are as follows:

Anna M. Carney died on October 21, 1924 leaving a last will and testament which was duly probated by the Surrogate of Salem County. At the time of her death she was seized of a parcel of land referred to in her will as a "house and lot on Dickinson Street, Woodstown," and more particularly described in the complaint herein.

The will, so far as it refers to the said premises, provides as follows:

"I give, devise and bequeath to my daughter, Anna Naomi Snelbaker, the house and lot on Dickinson Street, Woodstown, where I now live and all the household goods and furniture therein, to have and to hold said house and lot and household goods and furniture for her lifetime. Should she die leaving lawful issue, or issue of any surviving such issue, to take said house and lot and furniture and household goods, but if she leave no lawful issue or issue of any surviving her then the same to go to my next nearest heirs at law.

All the rest and residue of my Estate I give, devise and bequeath to my daughter Anna Naomi Snelbaker if she survive me. If she does not survive me but leaves lawful issue or issue of any surviving me, such issue to take said residue, but in default of such issue so surviving me said residue to go to my next of kin as if I had died intestate."

The present status of the heirs at law of the testatrix is as follows:

Children:

1. Ashbrook D. Snelbaker -- died in 1944, leaving no children.

2. Anna Naomi Snelbaker (life tenant), died in 1954, leaving no children.

3. William Snelbaker -- died in 1949, leaving a child of Mary Tuttle, i.e. , Ruth Fox, and a ...


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