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Mayhew v. Wagenhoffer

Decided: December 12, 1956.

FRANCES C. MAYHEW, ROBERT W. MAYHEW, JR., FRANCES C. MAYHEW, GUARDIAN AD LITEM FOR ROBERT G. MAYHEW, A MINOR; FRANCES C. MAYHEW, GUARDIAN AD LITEM FOR ANNA MARIE MAYHEW, A MINOR, PLAINTIFFS,
v.
MARY C. WAGENHOFFER, JOSEPH A. WAGENHOFFER, MARY FRANCES WAGENHOFFER, A MINOR, JOSEPH WAGENHOFFER, A MINOR, ELIZABETH ANNE WAGENHOFFER, A MINOR, DEFENDANTS



Haneman, J.s.c.

Haneman

Plaintiffs herein seek the construction of the will of George A. Casey, dated July 31, 1917, who died on July 14, 1938. As far as here pertinent, the said will provided as follows:

"ITEM FOURTH: I give, and bequeath unto my two daughters, Mary Casey and Frances Casey, share and share alike, all my personal estate, whatsoever and wheresoever the same may be from and after the time of my decease, subject however to the restrictions hereinafter provided.

ITEM FIFTH: From and after the decease of my mother Frances Levereux, I give, devise and bequeath unto my daughter, Mary Casey, her heirs and assigns, subject to the restrictions hereinafter provided, the land and the buildings thereon erected and known as Numbers 625 and 627 Hunter Street, Gloucester City, New Jersey.

ITEM SIXTH: From and after the decease of my mother, Frances Devereux, I give, devise and bequeath unto my daughter, Frances Casey, her heirs and assigns, subject to the restrictions hereinafter provided, the land and the buildings thereon erected and known as Numbers 224-226 and 228 Fifth Street, Gloucester City, New Jersey.

ITEM SEVENTH: I give, devise and bequeath unto my daughter, Mary Casey, her heirs and assigns, subject to the restrictions hereinafter provided, the land and the buildings thereon erected and known as numbers 17-19-21-23 and 25 South Sussex Street, Gloucester City, New Jersey.

ITEM EIGHTH: I give, devise and bequeath unto my daughter, Frances Casey, her heirs and assigns, subject to the restrictions hereinafter provided, the land and the buildings thereon erected and known as Numbers 124 Atlantic Street, 437 and 503 Market Street, and my one-half share in the two houses known as numbers 300 and 302 Jersey Avenue, Gloucester City, Camden County, New Jersey.

ITEM NINTH: I direct that in case either of my said daughters, Mary Casey and/or Frances Casey, should depart this life without legal issue surviving them, the survivor of my said two daughters to have the remainder of the share of the one so deceased, but in case of either of my said two daughters so deceased leaving legal living issue surviving them, the deceased parent's share to be divided among her children then surviving, share and share alike.

ITEM TENTH: I do hereby direct that none of the property, real or personal, of which I may die seized, or any part thereof, shall be assigned, transferred, sold or mortgaged, by any means whatsoever, to the husband or husbands of either or both of my said two daughters, Mary Casey and Frances Casey, and I do further direct that either of my said two daughters shall not assign, transfer or mortgage any of the real estate of which I may die seized until she has arrived at the age of twenty-five years, excepting however in the case of sickness, accident or any other inability of either of my said two daughters to earn sufficient means to provide good support, maintenance and education for themselves, together with the income from her share of my estate as provided herein; I direct that so much of the principal constituting the share of my said daughter or daughters in my personal estate shall be sold and in case the whole share of either of my said daughters in my personal estate shall have been expended as herein provided, I direct that so much of the share of the real estate of said daughter or daughters, as the case may be, be sold and conveyed and the proceeds thereof used for her or their good reasonable support, maintenance and education."

The testator's mother and wife had predeceased him. At the time of his death he left him surviving two daughters,

Frances C. Mayhew, one of the plaintiffs, and Mary C. Wagenhoffer, ...


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