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Tobler v. Moncrief

Decided: January 30, 1962.

BLANCHE TOBLER, PLAINTIFF,
v.
ROBERT W. MONCRIEF AND THE FIRST NATIONAL BANK AND TRUST COMPANY, OF MONTCLAIR, NEW JERSEY, EXECUTORS OF AND TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF JACOB TOBLER, DECEASED, ET AL., DEFENDANTS



Mintz, J.s.c.

Mintz

Plaintiff seeks a construction of the will of her late husband, Jacob Tobler. He died testate on June 29, 1954. Letters testamentary and letters of trusteeship were issued to the defendants Robert W. Moncrief and The First National Bank and Trust Company of Montclair, New Jersey, the executors and trustees named in said will. The decedent was survived only by his widow, his brothers, sisters and their issue. Plaintiff is now over 80 years of age.

By paragraph Second of his will testator provided as follows:

" SECOND: I give, devise and bequeath to my beloved and devoted wife, BLANCHE TOBLER:

(a) The balance of our joint bank account in the First National Bank & Trust Company of Montclair, New Jersey, and

(b) The sum of Ten Thousand ($10,000.00) Dollars, and

(c) All of my tangible personal property, except securities and except any monies other than as provided in paragraphs (a) and (b) above."

By paragraph Fifth, he directed his executors to pay all just debts and "estate, inheritance, succession and other death taxes due and imposed on or in connection with my estate or any part thereof out of the rest, residue and remainder of my estate."

In paragraph Sixth he bequeathed and devised the rest, residue and remainder of his estate to his trustees for the following purposes:

"(a) To hold, manage, invest and reinvest the same and keep the same invested, and to receive the income therefrom, and, after paying the reasonable and proper expenses of this trust, to pay to my wife, or to her use, during her lifetime, an annuity of Ten Thousand ($10,000.00) Dollars in quarter-annual installments, the first of which installments shall be payable twelve (12) months after the date of my death. In case the income from this trust fund shall at any time be insufficient to pay the said annuity, I authorize and direct my trustees to sell a sufficient part of the corpus of this trust fund to pay the same.

(b) Upon the death of my wife, to divide the principal as it shall then exist, into (6) six equal shares and to distribute one ...


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